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COW 2015-01-12 COMPLETE AGENDA PACKET
"��'� Tukwila City Council Agenda fin° • COMMITTEE •OF THE WHOLE • Jim Haggerton, Mayor Counci /members: + Joe Duffie + Dennis Robertson .qoa David Cline, CityAdministrator + Allan Ekberg + Verna Seal Kate Kruller, Council President + Kathy Hougardy + De'Sean Quinn Monday, January 12, 2015, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda is (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue presented for discussion. 3. SPECIAL ISSUES a. An Interlocal Agreement and Operations Memorandum of Under- standing for the Puget Sound Emergency Radio Network (PSERN). b. An agreement with Carollo Engineers relating to final revisions to the City's Water Comprehensive Plan. c. An ordinance updating Tukwila Municipal Code (TMC) Title 7 regarding animal control. d. A collective bargaining agreement for Teamsters Senior Program Managers. Pg.1 Pg.63 Pg.77 Pg.161 4. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 5. MISCELLANEOUS 6. EXECUTIVE SESSION 7. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Ma or's review . w 1/12/15 MH /n/ C- • Ordinance Mtg Date 1/20/15 MH 0 Other Alts Date SPONSOR • Council Z Mayor LJ FIR 0 DCD Finance Fire IT 0 P&R Po/ice PW SPONSOR'S At the December 1, 2014 Regular Meeting, the City Council was updated on the proposed SUMMARY Puget Sound Emergency Radio Network (PSERN). The interested parties have undertaken efforts to implement a new public radio system to provide improved coverage and capacity and high-quality emergency radio communications at a cost-effective price. To finance the PSERN System, a funding measure will be placed on the April ballot by the King County Council. REv I 1WIM BY Regular Mtg. E] CA&P Cmte fl F&S Cmte [I] Transportation Cmte Utilities Cmte Arts Comm. fiIl Parks Comm. E Planning Comm. DATE: 12/1/14 COMMITTEE CHAIR: RECOMMENDATIONS: sPoNsoR/ADmiN. City Administration COMMITTEE Staff is requesting the C.O.W. send this to 1/20/15 Consent agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments... MTG. DATE ITEM INFORMATION ITEM No. 3.A. 1 STAFF SPONSOR: ANN MARIE SOTO ORIGINAL AGENDA DATE: 1/12/15 AGENDA ITEM TITLE An Interlocal Agreement relating to the Puget Sound Emergency Radio Network (PSERN) and Operations Memorandum of Understanding. CATEGORY Difaosion Mtg Date 1/12/15 W Motion Mtg Date 1/20/15 0 Resolution Mtg Date • Ordinance Mtg Date 0 Bid Award Mtg Date 0 Public Hearing Mtg Date 0 Other Alts Date SPONSOR • Council Z Mayor LJ FIR 0 DCD Finance Fire IT 0 P&R Po/ice PW SPONSOR'S At the December 1, 2014 Regular Meeting, the City Council was updated on the proposed SUMMARY Puget Sound Emergency Radio Network (PSERN). The interested parties have undertaken efforts to implement a new public radio system to provide improved coverage and capacity and high-quality emergency radio communications at a cost-effective price. To finance the PSERN System, a funding measure will be placed on the April ballot by the King County Council. REv I 1WIM BY Regular Mtg. E] CA&P Cmte fl F&S Cmte [I] Transportation Cmte Utilities Cmte Arts Comm. fiIl Parks Comm. E Planning Comm. DATE: 12/1/14 COMMITTEE CHAIR: RECOMMENDATIONS: sPoNsoR/ADmiN. City Administration COMMITTEE Staff is requesting the C.O.W. send this to 1/20/15 Consent agenda COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments... MTG. DATE RECORD OF COUNCIL ACTION 1/12/15 MTG. DATE ATTACHMENTS 1/12/15 Informational Memorandum dated 1/12/15 Draft PSERN Implementaion ILA Draft PSERN Operations Memorandum of Understanding PSERN Legislative FAQs Minutes from the 12/1/14 Regular Council Meeting 1/20/15 1 2 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Council Committee of the Whole FROM: Ann Marie Soto, Assistant City Attorney DATE: January 12, 2015 SUBJECT: Puget Sound Emergency Radio Network ("PSERN") Implementation Inter local Agreement and Operations Memorandum of Agreement ISSUE King County, the City of Seattle, and Eastside Public Safety Communications Agency ("EPSCA") and Valley Communications Center ("Valley Com") cities (collectively, the "Parties") are undertaking efforts to upgrade the current King County Emergency Radio Communications System ("KCERCS") by entering into an Inter local Agreement ("ILA") for the implementation of a new PSERN System and eventual creation of a new PSERN System Operator. BACKGROUND KCERCS is a voice radio system that is nearly twenty years old and is increasingly unsupported by the supplier of the system's equipment, software and repairs. The Parties have undertaken efforts to implement a new public safety radio system, PSERN, to provide improved coverage and capacity, and uniformly high-quality emergency radio communications at a cost-effective price. King County will act as the lead agency for planning, procurement, financing and implementation of the PSERN System. To finance the PSERN System, a funding measure will be placed on the April ballot by the King County Council. DISCUSSION The purpose of the implementation ILA is to establish the terms under which the Parties will undertake the planning, financing, procurement, site acquisition and development, equipment installation, and other activities necessary to implement the PSERN System. Concurrent with the implementation ILA, the Parties are entering into the "Memorandum of Agreement Regarding Future Operation of PSERN" to establish the material terms of a future ILA for governance of the new non-profit corporation, the "PSERN Operator", that will be created by the Parties and be responsible for the ownership, operations, maintenance, and on- going upgrading/replacing of the PSERN System during its anticipated useful life. FINANCIAL IMPACT No significant financial impact is anticipated. RECOMMENDATION The Council is being asked to forward this item to the January 20, 2015 consent agenda. ATTACHMENTS Draft PSERN Implementation ILA Draft PSERN Operations MOU PSERN Legislative FAQs 3 4 PUGET SOUND EMERGENCY RADIO NETWORK IMPLEMENTATION PERIOD INTERLOCAL COOPERATION AGREEMENT 1 5 TABLE OF CONTENTS 1.0 Rules of Construction and Definitions 4 2.0 Duration of Agreement 7 3.0 The Parties' Responsibilities 8 4.0 Joint Board 8 5.0 PSERN System Implementation 13 6.0 Dispatch Center Equipment Implementation 17 7.0 Subscriber Radio Equipment Implementation 18 8.0 PSERN Project Budget for Implementation Period 20 9.0 Transfer of System for Operations Period 22 10.0 Operations and Maintenance Pending Transfer 23 11.0 Intellectual Property, Confidential Information and Records 24 12.0 Force Majeure 25 13.0 Termination of Agreement; Addition, Withdrawal and Removal of a Party 25 14.0 Legal Relations 26 15.0 General 28 EXHIBITS Ex. 1 Contracting Plan Ex. 2 List of Party Owned /Controlled Sites Ex. 3 List of Frequencies Ex. 4 Cost Allocation Model Ex. 5 List of User Agencies Eligible for Radio Exchanges Ex. 6 Contact Information 2 6 PUGET SOUND EMERGENCY RADIO NETWORK IMPLEMENTATION PERIOD INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ( "Agreement ") is entered into pursuant to the Interlocal Cooperation Act (Chapter 39.34 RCW) by and among King County ( "County ") and the Cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle and Tukwila, each a political subdivision of the State of Washington (individually, a "Party," and collectively, the "Parties "). RECITALS A. The Parties, under various interlocal agreements, including the Emergency Radio Communications System Interlocal Cooperation Agreement, are responsible for the ownership, operations and maintenance of various elements in the current King County Emergency Radio Communications System (KCERCS), a voice radio system that is nearly twenty years old and is increasingly unsupported by the supplier of the system's equipment, software and repairs. B. The Parties have determined that it is in the public interest that a new public safety radio system be implemented that will provide public safety agencies and other user groups in the region with improved coverage and capacity, and uniformly high- quality emergency radio communications at a cost - effective price. Said new system is referred to herein as the "Puget Sound Emergency Radio Network System" or "PSERN System." C. The Parties seek to finance the costs of implementing the PSERN System by a funding measure to be placed on the ballot by the King County Council for consideration by the qualified electorate in King County. D. The Parties desire that the County act as the lead agency for planning, procurement, financing and implementation of the PSERN System and that a new non - profit corporation will be formed to assume the ownership and control of the PSERN System following Full System Acceptance. E. The purpose of this Agreement is to establish the terms under which the Parties will undertake the planning, financing, procurement, site acquisition and development, equipment installation, and other activities necessary to implement the PSERN System. F. Concurrent with this Agreement, the Parties are entering into the "Memorandum of Agreement Regarding Future Operation of Puget Sound Emergency Radio Network" (the MOA) to establish agreement to some of the material terms of a future interlocal agreement for governance of the new non - profit corporation, referred to herein as the "PSERN Operator ", that will be created by the Parties and be responsible for the 3 7 ownership, operations, maintenance, and on -going upgrading /replacing of the PSERN System during its anticipated useful life. TERMS AND CONDITIONS OF AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein and other valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree to the above Recitals and the following terms and conditions. 1.0 RULES OF CONSTRUCTION AND DEFINITIONS 1.1 Rules of Construction 1.1.1 Unless the context requires otherwise, the singular form of a word shall also mean and include the plural (and vice versa), and the masculine gender shall also mean and include the feminine and neutral gender (and vice versa). 1.1.2 References to statutes or regulations include all statutory or regulatory provisions consolidating, amending or replacing the statute or regulation referred to. 1.1.3 References to sections, exhibits, attachments or appendices are to this Agreement and references to articles or sections followed by a number shall be deemed to include all subarticles, subsections, subclauses, subparagraphs and other divisions bearing the same number as a prefix. 1.1.4 The words "including," "includes" and "include" shall be deemed to be followed by the words "without limitation ". 1.1.5 The words "shall" or "will" shall be deemed to require mandatory action. 1.1.6 Words such as "herein," "hereof' and "hereunder" are not limited to the specific provision within which such words appear but shall refer to the entire Agreement taken as a whole. 1.1.7 Words such as "person" or "party" shall be deemed to include individuals, political subdivisions, governmental agencies, associations, firms, companies, corporations, partnerships, and joint ventures. 1.1.8 References to "days" shall mean calendar days unless expressly stated to be "Business Days." If the due date for a task, payment, or any other requirement falls on a Saturday, Sunday or holiday observed by the County, the due date shall be deemed to be the next Business Day. 1,1.9 Words not otherwise defined that have well -known technical industry meanings are used in accordance with such recognized meanings. 1.1.10 The headings and captions inserted into this Agreement are for 4 8 convenience of reference only and in no way define, limit, or otherwise describe . the scope or intent of this Agreement, or any provision hereof, or in any way affect the interpretation of this Agreement. 1.1.11 This Agreement was negotiated and prepared by the Parties and their respective attorneys. The Parties acknowledge and agree that the rule of construction that an, ambiguous contract should be construed against the drafter shall not be applied in any construction or interpretation of this Agreement. 1.1.12 The Parties agree that if any provision of this Agreement conflicts with a provision of the Emergency Radio Communications System Interlocal Cooperation Agreement such that the conflicting provisions cannot be harmonized, the provisions of this Agreement shall prevail. 1.2 Definitions Words and terms shall be given their ordinary and usual meanings except that the following terms are defined for this Agreement as follows: 1.2.1 Agreement means this Puget Sound Emergency Radio Network Implementation Period Interlocal Cooperation Agreement. 1.2.2 Alternate means a person appointed to serve in the absence of a Joint Board Representative. 1.2.3 Appointing Party(ies) means the City of Seattle, the EPSCA Cities, the ValleyCom Cities and King County. 1.2.4 Confidential Information means any information in written, graphic, verbal or machine - recognizable form that: (a) is related to the PSERN System; (b) is provided to a Party by another Party, the PSERN Contractor or another person or entity; and (c) is marked or identified as "confidential ", "proprietary," "trade secret" or similar designation. 1.2.5 Contract Change shall have the meaning set forth in Exhibit 1. 1.2.6 Cost Allocation Model means the method used for determining the user rates applicable to Dispatch Centers and User Agencies for fees they will pay to either the County or the PSERN Operator during the Operations Period. 1.2.7 County means King County, Washington. 1.2.8 Dispatch Center means a facility or an entity that uses the PSERN System to dispatch users of Subscriber Radios. 1.2.9 EPSCA means the Eastside Public Safety Communications Agency. 1.2.10 EPSCA Cities means the Cities of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond, Washington. 9 1,2.11 Full System Acceptance (FSA) means the determination issued to the PSERN Contractor upon satisfactorily completing the final system development phase milestone. 1.2.12 Implementation Period means that period of time from the effective date of this Agreement through and until the beginning of the first full month after issuance of FSA. 1.2.13 Joint Board means the board formed by the Parties under this Agreement. 1.2.14 KCERCS means the existing King County Emergency Radio Communication System. 1.2.15 NAC means a notice of apparent completion issued under the contract with the PSERN Contractor. 1,2.16 Operations Budget means the budget funded by fees from Dispatch Centers and User Agencies to pay for the costs of operating, maintaining and upgrading the PSERN System after FSA. 1.2.17 Operations Period means the period that commences with the first full month after FSA. 1,2.18 Party means a signatory to this Agreement and excludes a signatory that withdraws from this Agreement. 1.2.19 Project (or PSERN Project) means all authorized activities relating to the planning, analysis, design, development, acquisition, site development, installation, testing, training, and operation of the PSERN System until FSA, starting -up a new PSERN Operator, transferring the PSERN System to same and any decommissioning, contract close -out and other project completion activities. 1.2.20 Project Budget means the budget approved by the Joint Board to spend the funds the County Council has appropriated to carry out PSERN Project activities and to fund the Rate Stabilization Allocation described at Section 8.8 of this Agreement. 1.2.21 Project Fund means the funds held by the County to fund the Project Budget including proceeds from the County -wide levy and proceeds from any bond or debt instruments. 1.2.22 Project Director means the County employee assigned to lead Project activities. 1.2.23 PSERN means the Puget Sound Emergency Radio Network. 1.2.24 PSERN Contractor means the prime contractor under County Contract #5729347 (or the County Contract) that is responsible, among other things, for supplying the PSERN System's equipment and software. 6 10 1.2.25 PSERN Operations Period ILA (or Operations Period ILA) means the future interlocal cooperation agreement to be entered into by the Parties in accordance with the MOA in order to establish the terms under which the PSERN Operator will own, operate, maintain, manage and upgrade /replace the PSERN System during the Operations Period. 1.2.26 PSERN Operator means the new entity to be formed pursuant to the MOA and Section 9.1 of this Agreement to own, operate, maintain, manage and upgrade /replace the PSERN System during the Operations Period. 1.2.27 PSERN Project (see "Project "). 1.2.28 PSERN System or System means all the elements constituting the PSERN System, excluding Subscriber Radios unless the context indicates inclusion. 1.2.29 Representative means a person appointed by an Appointing Party(ies) to serve on the Joint Board. 1.2.30 Subscriber Radio means an end user radio and includes a mobile (vehicular) and portable (handheld) radio which has been authorized and programmed to operate on the System. 1.2.31 User Agency means an entity that uses the PSERN System under a valid User Agency Agreement for its employees' radio communications. 1.2.32 User Agency Agreement means an agreement executed between the County or the PSERN Operator, as appropriate, and a User Agency establishing the terms under which a User Agency is allowed to access and use the System. 1.2.33 ValleyCom means the Valley Communications Center, 1.2.34 ValleyCom Cities means the Cities of Auburn, Federal Way, Kent, Renton, and Tukwila, Washington. 2.0 DURATION OF AGREEMENT 2.1 This Agreement shall take effect on the date when last signed by an authorized representative of each Party. 2.2 Unless extended by written amendment as provided in Section 15.10 or terminated earlier as provided in Section 13, this Agreement shall expire upon the issuance of FSA and the County's written notice to the other Parties that all Project activities have been completed. 2.3 Notwithstanding Section 2.1 and 2.2 above, if the Project is not funded by a voter approved measure prior to January 1, 2018, this Agreement shall terminate on January 1, 2018 unless extended by agreement of the Parties. 7 11 3.0 THE PARTIES' RESPONSIBILITIES 3.1 Appointing Representatives to Joint Board The Parties, or groups of Parties, shall appoint Representatives to the Joint Board as provided under Section 4. 3.2 Use of Land and Improvements To the extent provided in Section 5.3, each Party agrees to make land and improvements available for PSERN System use. 3.3 Use of Licensed Spectrum To the extent provided in Section 5.4, each Party agrees to make licensed spectrum under its direct or indirect control available for PSERN System use. 3.4 Cooperation on PSERN System Activities Each Party understands and agrees that it is essential to public safety, within its jurisdiction and throughout King County, that the PSERN System be implemented without delay. In support of that objective, each Party agrees to cooperate in good faith with each other in all activities related to the PSERN System's implementation, operation and maintenance, which cooperation shall include: promptly responding to requests for information among the Parties; exercising best efforts to expedite the processing and execution of any requested reviews, inspections, approvals, permits, leases and agreements; and timely performing any construction, installation, testing and maintenance activities related to the PSERN System. 3.5 Other Responsibilities The Parties shall be responsible for such other activities and obligations as are specified herein or arise from a Joint Board action. 4.0 JOINT BOARD 4.1 Creation of Joint Board By executing this Agreement, the Parties hereby create a Joint Board pursuant to RCW 39.34.030(4). The Joint Board is not a separate legal or administrative entity within the meaning of RCW 39.34.030(3). The Joint Board shall oversee the activities of the Parties in connection with the PSERN System as provided in this Agreement. The Joint Board shall act on behalf of all Parties and as may be in the best interests of the PSERN Project. The Joint Board is not authorized to enter into contracts, own assets, or hire employees. 4.2 Joint Board Representatives 4.2.1 The Joint Board shall consist of four (4) voting Representatives appointed as follows by the Parties, or groups of Parties: 8 12 a. City of Seattle: one (1) Representative and one (1) Alternate. b. Cities of Bellevue, Issaquah, Kirkland, Mercer Island and Redmond collectively: one (1) Representative and one (1) Alternate. c. Cities of Auburn, Federal Way, Kent, Renton and Tukwila collectively: one (1) Representative and one (1) Alternate. d. King County: one (1) Representative and one (1) Alternate. 4.2.2 The non - voting Chair of the Joint Board shall be the Deputy County Executive or his /her designee. The Chair or designee shall conduct the Joint Board's meetings and supervise the administrative activities related to meetings including scheduling, preparing the agendas, providing reports and other information materials to the Representatives and creating records of Joint Board actions. 4.2.3 The Joint Board may also appoint a chief of a police agency and a chief of a fire agency to serve as non - voting participants on the Joint Board, provided they are from agencies within King County. 4.2.4 The County Executive, the Mayor of the City of Seattle, the Mayors of the EPSCA Cities, and the Mayors of the ValleyCom Cities shall each provide to the Joint Board's Chair a written notice identifying the names of a primary Representative and an alternative Representative (Alternate) who are authorized to speak, vote and otherwise act on behalf of their respective Appointing Party or group of Parties. Such notices shall include the name(s), contact information and effective date(s) of the appointments. 4.2.5 An Alternate may only speak and vote on behalf of his /her Appointing Party(ies) if: (a) the Chair has received written notice of the Alternate's appointment; and (b) the primary Representative is absent from the meeting. References in this Agreement to a "Representative" shall include an Alternate who has been appointed in accordance with this Agreement and is acting in the absence of the primary Representative. 4.2.6 The Appointing Party or group of Parties shall promptly replace any vacancy in its positions of Representative and Alternate and may, at any time, replace its Representative or Alternate by giving the Chair of the Joint Board written notice of the change including: the name(s), contact information and effective date(s) of the replacement(s). 4.2.7 Each Representative and each Alternate shall be an employee of his /her Appointing Party(ies), ValleyCom or. EPSCA. No Representative or Alternate shall be deemed to be an employee of, or entitled to compensation from, any Party other than his /her Appointing Party. 4.3 Quorum and Meeting Procedures 4.3.1 A quorum for a meeting of the Joint Board shall be all four (4) voting Representatives and the Chair or his /her designee. 9 13 4.3.2 The Joint Board shall establish procedures for its operations and meetings, including establishing regular monthly meeting schedule and location and providing for the scheduling of special and emergency meetings. To the extent allowed by Washington law, the Joint Board may establish procedures for conducting meetings by telephonic or other electronic means provided that all Representatives and members of the public are able to hear each other during the meeting. If such procedures are established by the Joint Board, any Representative participating in a meeting by such means is deemed to be present at the meeting for all purposes including establishing a quorum. 4.3.3 The Joint Board shall take action by the unanimous vote of all four (4) voting Representatives. 4.3.4 Representatives must be present at a meeting to vote and may not vote by proxy. 4.3.5 The voting Representatives may select an acting Chair to serve in the absence of the Chair or his/her designee. 4.3.6 The Joint Board shall comply with applicable requirements of the Washington State Open Public Meetings Act (Chapter 42.30 RCW). 4.4 Joint Board Actions 4.4.1 The Joint Board shall oversee the implementation, operation and maintenance of the PSERN System to the extent provided in this Agreement. In furtherance of that oversight, the Joint Board is specifically authorized to take the following actions: a. Amend this Agreement including any exhibits without legislative approval by the Parties; b. Establish committees and advisory groups, including an advisory operations board of emergency radio users, to perform activities related to the PSERN Project or to provide reports or recommendations to the Joint Board related to the PSERN Project; c. Adopt and amend policies, business rules, procedures, standards and guidelines related to the PSERN System including System access and use, security, and System and Subscriber Radio maintenance, upgrading and security; d. Approve the Project Budget subject to County Council appropriation; e. Approve contracts related to the Implementation Period; f. Approve those leases related to the PSERN System for which the monthly rent exceeds the per site monthly rent authorized in the Project Budget; 10 14 g. Approve changes to PSERN System - related contracts if the cost of the change exceeds the authority granted to the Project Director under the Contracting Plan attached hereto and made a part hereof as Exhibit 1; h. Approve the PSERN System design and any changes to same affecting System performance; i. Approve the issuance by the County to the PSERN Contractor of Notice of Apparent Completion (NAC) of the following milestones: (i) Milestone 3H: System Optimization and RF Coverage Testing (ii) Milestone 3J Operational and Functional System Test (iii) Milestone 3K Pilot Test with 100 Users (iv) Milestone 5C Full System Acceptance j. Approve a transition plan that defines the tasks, responsibilities and schedule for transitioning from the KCERCS to the PSERN System including moving Dispatch Centers and User Agencies onto the PSERN System; k. Approve agreements between the County and User Agencies and Dispatch Centers establishing the terms and conditions for access to and use of the PSERN System; I. Approve such other actions as are specified under this Agreement as being made by the Joint Board; m. Delegate the Joint Board's authority under this Agreement subject to such limitations and conditions as the Joint Board may establish; and n. Approve a Party's request to withdraw from this Agreement and the terms and conditions of such approval in accordance with Section 13. 4.4.2 Notwithstanding any grant of authority to the Joint Board as set forth in this Agreement, the Joint Board shall not take any action that would negatively affect the taxability of bonds or other debt instruments issued by the County from the County -wide levy funds collected for the Project. 4.4.3 The PSERN System - related contracts will require prompt review of deliverables and notices of milestone completion. The Joint Board shall hold special meetings as needed and take action in a timely manner so as to avoid delay and other claims by PSERN System - related contractors. 4.5 Impasse Resolution Procedure 4.5.1 If a matter requiring Joint Board action is moved at a Joint Board meeting but fails for lack of a unanimous vote by all four (4) Representatives, a voting 11 15 Representative may submit written notice of an impasse to the other Representatives and the Joint Board Chair. The notice shall include a statement of the action being sought and the history of any Joint Board deliberation or vote(s) on the matter. 4.5.2 Within seven (7) days of receipt of a notice of impasse, the Chair or his /her designee shall designate a mediator to assist the Joint Board in resolving the impasse. The mediator shall be experienced in resolving disputes in public sector capital projects and may not be an employee of any of the Parties. 4.5.3 The Parties agree that it is essential to the success of the PSERN Project that any impasse be resolved as quickly as possible and accordingly agree to instruct their respective Representatives to cooperate with the mediator in good faith including expediting responses to any mediator requests for information and discussion. 4.5.4 The mediator shall promptly investigate the impasse and the respective positions of the voting Representatives. The mediator may recommend one or more non - binding alternatives for resolving the impasse. Regardless of the outcome of the mediation, each Party shall pay an equal percentage share of the cost of the mediator's fees and expenses, if any. The County shall pay the mediator and invoice each Party for its share. Each Party shall pay the County within thirty (30) days after receiving the invoice. 4.5.5 If the impasse is not resolved within ten (10) days of the mediator providing his /her recommendation(s), the Elected Executives Committee (EEC) shall meet with the Joint Board to attempt to resolve the impasse. The EEC shall be composed of the King County Executive; the Mayor of the City of Seattle; one elected official designated by the EPSCA Cities; and one elected official designated by the ValleyCom Cities. The Joint Board and the EEC shall convene to consider the matter and attempt to reach a resolution, which may include re- submitting the matter for a Joint Board vote, not later than twenty (20) days after the date the mediator provided his /her recommendation(s). 4.6 Emergency Procedures In the event that an emergency, as defined by RCW 39.04.280, has or may have direct, significant and material negative effects on the implementation, operation and maintenance of the PSERN System, the Parties acknowledge that for all contracts entered into by the County and supported by levy funds, the King County Executive shall have the authority to issue a determination of emergency and the provisions of King County Code 2.93.080 shall apply. The Project Director shall communicate to the Parties each decision made pursuant to any emergency determination as soon as reasonably possible. 4.7 Record of Action Actions by the Joint Board shall be memorialized in writing and signed by the Chair or acting chair of the Joint Board. A copy of each action shall be distributed to each Joint Board Representative and Alternate within ten (10) Business Days of the action. 12 16 4.8 Joint Board Administrative Support The County shall provide administrative support for the Joint Board. The cost of providing such support shall be covered by the PSERN Project Budget during the Implementation Period and by the PSERN Operations Budget during the Operations Period. 5.0 PSERN SYSTEM IMPLEMENTATION 5.1 Project Management The County will be responsible for performing all Project management activities including: a. all personnel actions related to the Project Director and other County employees assigned to Project activities; b. scheduling and management of day -to -day Project activities; c. developing a Project Budget and obtaining County Council appropriation(s), approving expenditures, and tracking expenditures against the Project Budget including its contingency; d. developing, tracking, and updating all required Project documentation; e. developing and performing all financial, accounting and inventory - control processes including establishing a Project Fund to receive levy and bond proceeds, processing invoices and making payments and distributions from the Project Fund, responding to audits, and tracking the receipt and distribution of equipment and other deliverables in accordance with applicable laws, regulations and policies; f. developing and implementing a transition plan for Joint Board approval; g. coordinating PSERN Project activities with the Parties and the KCERCS's users; and h. providing regular reports to the Joint Board on the Project's activities during the Implementation Period. 5.2 Contracting and Equipment Ownership 5.2.1 Subject to Joint Board approval, the County will procure, execute and administer all contracts, licenses and agreements related to the planning, analysis, design, development, installation, construction and testing of the equipment, software, facilities, improvements and other elements of the PSERN System. 13 17 5.2.2 The Project Director shall be responsible for contract procurement and contract administration activities in accordance with Exhibit 1. 5.2.3 As the Party entering into the contract(s), the County will become the owner of the delivered PSERN System equipment except as provided in Section 7 for Subscriber Radios. The County will transfer said ownership to the new PSERN Operator formed in accordance with Section 9 and the MOA. 5.3 PSERN System Sites 5.3.1 Subject to Joint Board approval if required under Section 4.4.1(f), the County will enter into leases and other arrangements to acquire the rights, for itself and its contractors, successors and assigns, to access, install, use, develop, or construct towers, structures, equipment, facilities and other improvements as needed for PSERN System implementation. 5.3,2 The PSERN System sites identified in the List of Party Owned /Controlled Sites, attached hereto and made a part hereof as Exhibit 2, are controlled directly or indirectly by those Parties as indicated therein. If and to the extent a Party's interest permits, each such listed Party agrees to enter into a lease(s), assignment or other appropriate agreement with the County_ to permit the use by the PSERN System of the listed site(s) under its control on terms and conditions no worse than the best terms and conditions (for the lessee) that are then applicable in a comparable lease, license or agreement with another governmental entity. Consideration for such a lease may be provided as a cash payment, credit, or reciprocal benefit. 5.3.3 If during the PSERN System design process, other potential locations for PSERN System equipment or facilities are identified on any land or any improvement (such as buildings and towers) in which any Party has an ownership or tenancy interest, or otherwise controls, directly or indirectly through EPSCA or ValleyCom, then subject to any legal limitations, such Party agrees to enter into a lease(s), assignment or other appropriate agreement with the County to permit the use of such land or improvements by the PSERN System. Notwithstanding the forgoing, a Party shall not be required to enter into any lease, assignment, or other agreement that impairs a Party's right and ability to use the equipment or facilities as necessary for KCERCS or the Party's own purposes. The land and improvements shall be offered to the County: a. with a right of first refusal; and b. on terms and conditions no worse than the best terms and conditions (for the lessee) that are then applicable in a comparable lease, license or assignment with another governmental entity. Consideration for such a lease may be provided as a cash payment, credit, or reciprocal benefit. 5.3.4 Nothing in this Agreement shall require a Party, ValleyCom, or EPSCA to terminate or interfere with an existing lease or use of land or improvements. 14 18 5.3.5 The Parties will cooperate with the County in fulfilling its role and responsibilities under this Agreement. Without limiting the foregoing, the EPSCA Cities and the ValleyCom Cities shall propose and support measures at the EPSCA and ValleyCom boards, respectively, as necessary to effect the purposes and intent of this Section 5.3 and to the extent permitted by law. The Parties acknowledge and support EPSCA and ValleyCom each directly entering into an agreement with the County by which each will agree, in consideration for its opportunity (and /or its member cities' opportunity) to participate in the PSERN System, to be bound to the provisions of Sections 5.3.2 and 5.3.3 as they relate to property owned or controlled by EPSCA and ValleyCom respectively. 5.3.6 In the event the Project is not funded by a voter approved measure prior to January 1, 2018, and this Agreement terminates on January 1, 2018, all leases and agreements entered into pursuant to this Section 5.3 shall also terminate on January 1, 2018 unless otherwise agreed to by the parties to the lease or agreement. 5.4 Frequencies 5.4.1 The Parties agree that they will cooperate with the County in any Federal Communications Commission process or application necessary to make available, or cause to be made available, for use in the PSERN System the licensed frequencies identified in the List of Frequencies attached hereto and made a part hereof as listed in Exhibit 3, and including any successor frequencies under re- banding. As part of the PSERN System design process, the Parties agree to cooperate in the development of PSERN frequency plans including agreeing to relicensing frequencies from the sites in which they are currently used to other sites in the PSERN System. Further, the Parties will consent to use of frequencies by the County and the PSERN Contractor under the design standards of the PSERN System. 5.4.2 The Parties will cooperate with the County in fulfilling its role and responsibilities under this Agreement. Without limiting the foregoing, the EPSCA Cities and the ValleyCom Cities shall propose and support measures at the EPSCA and ValleyCom boards, respectively, as necessary to effect the purposes and intent of this Section 5.4. The Parties acknowledge and support EPSCA and ValleyCom each directly entering into an agreement with the County by which each will agree, in consideration for its opportunity (and /or its member cities' opportunity) to participate in the PSERN System, to be bound to the provisions of Section 5.4.1 as it relates to frequencies licensed to or controlled by EPSCA and ValleyCom respectively. 5.4.3 In the event a Party withdraws or otherwise terminates its participation in this Agreement and the PSERN System, it shall surrender all rights and interests it may have or claim to have in any frequencies determined by the Joint Board to be necessary for the PSERN System. The provisions and obligations of this Section 5.4 shall survive a Party's termination or withdrawal from, this Agreement. 5,4.4 The Parties agree to take all steps necessary to ensure that all spectrum used in the PSERN System is transferred to and licensed in the name of the 15 19 PSERN Operator to which ownership of the PSERN System is transferred after FSA. Said transfer and re- licensing shall be effected within sixty (60) days after ownership of the PSERN System has been transferred to the PSERN Operator. 5.4.5 Any frequencies currently used in KCERCS which are not reused in the PSERN System shall remain in the name of the original licensee under KCERCS and shall not be transferred to the PSERN Operator. 5.4.6 If the PSERN Project is terminated prior to FSA, or if following FSA the PSERN System is abolished in its entirety, the PSERN Operator (or if it has not yet been created, the County) will take all steps necessary to transfer the frequencies surrendered pursuant to this Section 5.4 back to each of the Parties, EPSCA, and ValleyCom, and /or their successors. 5.5 Transition from KCERCS to the PSERN System 5.5.1 The Parties agree to continue to operate and maintain the central switch, sub - systems and other elements of KCERCS to the extent the Parties directly or . indirectly control such elements until the issuance of FSA of the PSERN System or such other time as the Joint Board approves. Nothing in this Agreement shall be interpreted to require a Party to undertake any action that would adversely and materially impact a Party's ability to operate KCERCS as necessary for public safety through the Implementation Period. 5.5.2 The Parties shall cooperate with each other in implementing the transition from the KCERCS to the PSERN System including: a. moving or removing, or causing /permitting such moving or removing, of KCERCS equipment to accommodate the installation of PSERN System equipment; b. consenting to the use by the County of frequency licenses for use in the PSERN System during the Implementation Period and until the licenses are transferred to the PSERN Operator, by: (1) executing letters of concurrence allowing the County to be a co- licensee for those frequencies during the Implementation Period; and (2) unlicensing those frequencies used by PSERN; and c. timely performance of all applicable tasks and responsibilities specified in the Transition Plan adopted by the Joint Board. 5.5.3 The County will serve as the PSERN System manager and enter into agreements with Dispatch Centers and User Agencies establishing the terms and conditions for their transition to and use of the PSERN System, as more fully described in Sections 6 and 7. 5.5.4 Through their direct or indirect participation on the KCERCS's Regional Communications Board, the Parties agree to take such actions as are necessary 16 20 to effect the purposes of this section and any other matter necessary to the transition from the KCERCS to the PSERN System. 5.6 Decommissioning of KCERCS It is expected that through the PSERN Project, all KCERCS equipment will be decommissioned and removed. However, to the extent KCERCS equipment is not decommissioned and removed due to a decision by the Joint Board or a Party, the Parties shall be responsible for decommissioning the elements of the KCERCS that they own or are owned by entities in which they participate. 6.0 DISPATCH CENTER EQUIPMENT IMPLEMENTATION 6.1 Dispatch Center Equipment The PSERN Project Budget will fund the purchase of certain PSERN System equipment that will be installed at Dispatch Centers in King County in a like- for -like exchange of existing KCERCS- related equipment in order to enable the Dispatch Centers to access and use the PSERN System. The County shall be the owner of said PSERN System equipment during the Implementation Period and will transfer ownership to the PSERN Operator as provided in Section 9. 6.2 Dispatch Center Agreements Neither the County nor the PSERN Operator may deny consoles or console service to any Dispatch Center. However, as a condition of using said consoles and the PSERN System, each Dispatch Center shall enter into a Dispatch Center Agreement with the County or the PSERN Operator. The County and the PSERN Operator shall make consoles and console service available to each Dispatch Center on substantially similar terms and conditions. The Dispatch Center Agreement shall include, among others terms, the following: a. a grant by the Dispatch Center to the County and its successors and assigns for the space, access rights, power, fiber connections, internet access and other resources necessary for the County and its contractors to deliver, store, install, test, operate and maintain PSERN System equipment; b. the quantities and types of equipment that will be funded by the PSERN Project Budget and installed at the Dispatch Center; c. the schedule and locations for installation and testing of said equipment and training users; d. the provision that the County or PSERN Operator, as appropriate, will provide maintenance, updates, and upgrades to consoles for as long as they shall remain in service and owned by the County or the PSERN Operator; 17 21 e. the process for repairing /replacing /upgrading equipment; f. the obligations for the Dispatch Center to pay the user fees and other costs of connecting to the PSERN System during the Operations Period; g. the Dispatch Center is responsible for theft, damage or other loss after delivery of equipment to the Dispatch Center's facility; and h. a commitment by the Dispatch Center to execute a novation replacing the County with the new PSERN Operator for the Operations Period. If a Party or entity is both a Dispatch Center and a User Agency, the above provisions may be addressed in a single Dispatch Center /User Agency Agreement. 7.0 SUBSCRIBER RADIO EQUIPMENT IMPLEMENTATION 7.1 County Purchase of Initial Order of Subscriber Radios Pursuant to an executed User Agency Agreement as provided in Section 7.4, the County will purchase initial orders of Subscriber Radios on behalf of all User Agencies. Ownership of said County - purchased Subscriber Radios will be transferred to the User Agencies within the same fiscal year that the Subscriber Radios are put into service. User Agencies may enter into "piggyback" contracts with the PSERN Contractor for the direct purchase of additional Subscriber Radios. 7.2 Project Funding for Certain Subscriber Radios The PSERN Project Budget will be used to fund the initial order of certain types of Subscriber Radios and accessories for the User Agencies identified in the List of User Agencies Eligible for Radio Exchanges, which is attached hereto and made a part hereof as Exhibit 5. A User Agency listed in Exhibit 5 shall be eligible to receive a Project - funded Subscriber Radio and a kit of standard accessories in exchange for a trade -in radio used in the KCERCS, provided that each trade -in radio: a. was an active radio in the KCERCS zone controller within thirty (30) days prior to the date of the exchange; and b. is an operable radio at the time of the exchange. The new Subscriber Radio funded by the Project Budget shall be the type of radio that is the nearest equivalent to the trade -in radio. 7.3 Payments by User Agencies 7.3.1 A User Agency that is listed on Exhibit 5 shall pay the County for the added costs of any Subscriber Radios, features and accessories that are not covered by the Project Budget under Section 7.2. 18 22 7.3.2 A User Agency that is not listed in Exhibit 5 shall pay the County for the full cost, including taxes, of any Subscriber Radio purchased by the County on its behalf. 7.3.3 The County shall establish the method and timing of such payments in advance of placing an order with the PSERN Contractor. 7.4 User Agency Agreements No User Agency may register or use a radio or other device on PSERN unless it has entered into a User Agency Agreement with the County or the PSERN Operator. Neither the County nor the PSERN Operator may deny radios or radio service to any agency permitted to be licensed in the Public Safety Radio Spectrum pursuant to 47 C.F.R. Part 90 if that agency enters into and complies with the provisions of a User Agency Agreement. The User Agency Agreements shall include, among other terms, the following; a. the quantities and types of Subscriber Radios that will be funded by the PSERN Project Budget and the amounts to be paid by the User Agency; b. designation of the User Agency's status (primary or secondary) and priorities at the talkgroup level; c. a grant of all space, access rights, power and other resources necessary for the County and its contractors to deliver, store, install, and test Subscriber Radios; d. the schedule and locations for installation and testing of Subscriber Radios and user training; e. the central management of encryption keys and the template for programming User Agency radios; f. the prohibition with applicable timeframes on a User Agency's re -sale or transfer of any Subscriber Radios and the requirements for tracking and reporting all Subscriber Radios to the County; g. the terms for use of the System including acceptable equipment models and features, protocols, maintenance standards and other conditions; h. the process for repairing /replacing Project- funded Subscriber Radios through the end of the warranty period; i. the obligations for the User Agency to pay the user fees and other costs of connecting to the PSERN System during the Operations Period; j. the User Agency is responsible for theft, damage or other loss after delivery of equipment to the User Agency's facility; and 19 23 k. a commitment by the User Agency to execute a novation replacing the County with the new PSERN Operator for the Operations Period. 8.0 PSERN PROJECT BUDGET FOR IMPLEMENTATION PERIOD 8.1 Funding of Project Budget The PSERN Project Budget will be funded by proceeds from a County -wide property tax levy and, as needed, proceeds from bond or other debt instruments issued by the County. The reimbursement and other payments provided under this Section are conditioned upon voter - approval of the funding levy and the County Council's adoption, of an appropriation for the PSERN Project Budget. Except as provided in this Agreement or by action of the Joint Board, the City of Seattle, the EPSCA Cities, and ValleyCom Cities shall not be required to reimburse the PSERN Project Budget or the County for costs incurred during the Implementation Period. 8.2 Elective Contract Change 8.2.1 Any Contract Change determined by the Project Director to be elective, must be approved in advance by the Joint Board. The Joint Board may approve the Contract Change either as an elective Contract Change or if the Joint Board determines the change is not elective, as a Contract. Change. At the time the Joint Board approves an elective Contract Change, it shall also approve a reimbursement allocation for the cost of the elective Contract Change to be paid by one or more Parties in the event the Project Budget is insufficient to cover some or all of the cost of the elective Contract Change as described in Section 8.2.2 below. 8.2.2 At the end of the Implementation Period, if the PSERN Project Budget is insufficient to pay the reimbursements and payments provided in this Section 8, the Parties shall reimburse the PSERN Project Budget for all Elective Contract Changes according to the allocations approved by the Joint Board, up to the amount of the budget shortfall beginning with the first adopted Elective Contract Change and proceeding in chronological order. 8.3 Reimbursement of Planning Phase Costs 8.3.1 The County shall use the Project Budget to reimburse itself, the City of Seattle, EPSCA and ValleyCom for the following costs incurred from August 1, 2012, through the start of the Implementation Period: a. the costs of staff labor hours expended on planning, analysis, procurement, legal and other PSERN System - related activities; and b. the costs of technical, financial, consultant, legal and other contractor services related to the PSERN System. Reimbursement of labor hours shall be at the applicable hourly, monthly or annual rate that is used in the normal course when the employee's time is 20 24 charged for other purposes. Reimbursement for contractor services shall be at the reasonable, actual amount paid by the agency seeking reimbursement. 8.3.2 Requests for reimbursement under this Section 8.3 may be submitted to the County after the County Council's adoption of a PSERN Project Budget and appropriation. 8.3.3 Requests shall be submitted on a form prescribed by the County and be accompanied by such documentation as the County may require including time records and invoices. 8.4 Administrative, Election and Financing Costs The Project Budget shall cover the County's costs of providing administrative support to the Joint Board and the election, legal, financing, administration and other costs associated with the levy and the issuance of any bonds or other debt financing. 8.5. Reimbursement of Implementation Period Costs 8.5.1 The Project Budget shall cover all of the County's costs incurred during the Implementation Period including: a. payments to the PSERN Contractor and other contractors b. County labor and internal charges c. rents, fees and other costs related to real property access and development activities d. insurance e. equipment, tools, technology, devices, vehicles and supplies f. travel g. training h. fuel i. freight j. utilities k. security systems and services I. road maintenance m. cost of claims, litigation and related legal and other expenses. 8.5.2 The County shall use the Project Budget to reimburse the City of Seattle, EPSCA and ValleyCom for the costs expended during the Implementation Period on all PSERN System - related activities contemplated or required under this Agreement, including: a. preparation for and participation at Joint Board and technical committee meetings; b. witnessing the PSERN Contractor's factory testing, field testing of infrastructure and coverage testing; and c. escorting PSERN Contractor personnel to sites at which the City of Seattle, EPSCA or ValleyCom have current KCERCS maintenance responsibilities. 21 25 Reimbursement of labor hours shall be at the applicable hourly, monthly or annual rate that is used in the normal course when the employee's time is charged for other purposes. Requests for reimbursement shall be submitted on a calendar quarter basis following the County Council's adoption of an appropriation for the PSERN Project Budget. Failure to submit a request within sixty (60) days after the end of a calendar quarter shall constitute a waiver of any reimbursement for cost incurred in said quarter. Requests shall be submitted on a form prescribed by the County and be accompanied by such documentation as the County may require including time records and invoices. 8.6 Subscriber Radio Purchases The Project Budget will be used to fund the initial order of certain types of Subscriber Radios and accessories as provided in Section 7. 8.7 PSERN Operator's Start -up Costs Upon creation of a new PSERN Operator as provided in Section 9.1, the County shall pay to said PSERN Operator the amount specified in the Project Budget for the new PSERN Operator's pre -FSA expenses for start -up activities under Section 9.2 and the Operations Period ILA. 8.8 Rate Stabilization Allocation The County shall, within the Project Budget, set aside a Rate Stabilization Allocation in the amount of $ 2,619,406.00, the purpose of which shall be to reduce and phase in the impact of increased console and radio rates on PSERN System User Agencies and Dispatch Centers. By March 31 of the year prior to the expected date for FSA as projected by the Project Director, the Joint Board shall adopt a Rate Stabilization Allocation plan. 9.0 TRANSFER OF SYSTEM FOR OPERATIONS PERIOD 9.1 Creation of a new PSERN Operator Not later than one year prior to the expected date for FSA as projected by the Project Director, the Parties shall create and establish a non - profit corporation as authorized under RCW 39.34.030 to own, operate, maintain, manage and upgrade /replace the PSERN System during the Operations Period. 9.2 Start -up of PSERN Operator As provided in the Operations Period ILA, the Parties shall cause said new PSERN Operator to hire an Executive Director and staff, train staff, establish facilities, contract for goods and services, install systems and undertake all other steps necessary for the PSERN Operator to be able to accept the transfer of the PSERN System from the County and be fully responsible for the Operations Period upon issuance of FSA by the Joint Board. 22 26 9.3 Transfer and Novation Agreements The Parties shall cause the PSERN Operator to enter into agreements with the County and third parties that effect the following upon FSA and after the County has determined and notified the Parties that all Implementation Period activities have been completed: a. transfer all PSERN System - related equipment (other than Subscriber Radios as provided in Section 7.0); and b. the novation of the contract with the PSERN Contractor, the Dispatch Center and User Agency Agreements and all licenses, leases and other contracts and agreements related to the PSERN System. The Parties intend and agree that the PSERN Operator shall be deemed to be the successor to the County for all PSERN System purposes and shall assume all of the County's rights, responsibilities and liabilities under said contracts, licenses, leases and agreements. 10.0 OPERATIONS AND MAINTENANCE PENDING TRANSFER 10.1 Interim Operations If the transfer of the PSERN System is not completed as provided in Section 9.0 above and the PSERN Operations Period ILA, then the County may continue to operate and maintain the PSERN System after FSA. 10.2 Cost Allocation Model 10.2.1 In the event the transfer to a new PSERN Operator has not occurred and if the County continues to act as the lead for operations and maintenance beyond FSA, the County will be paid monthly user rates by each Dispatch Center and User Agency, based on the Cost Allocation Model at Exhibit 4, until the transfer occurs and the County has closed out its role and incurs no more costs. 10.2.2 The Cost Allocation Model shall be applied to an annual Operations Budget developed by either the County or the PSERN Operator for each calendar year of operations after FSA. The Dispatch Center and User Agency rates shall be recalculated annually to reflect cost changes from January 1 through December 31 of each year, and shall be included in the Operations Budget, which shall be subject to approval by the Joint Board. 10.2.3 By May 1 of each year, the County or PSERN Operator shall calculate the share of costs to be billed to the Dispatch Centers and User Agencies in accordance with the Cost Allocation Model and Operations Budget in the coming year and transmit that information to each Dispatch Center and User Agency. 10.3 The County shall collect fees in accordance with the Dispatch Center and User Agency Agreements. 23 27 11.0 INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION AND RECORDS 11.1 Intellectual Property The Parties may be provided with products, documents or other deliverables related to the PSERN System that are the subject of copyright, trade secret and other intellectual property rights of, or claims of such rights. Each Party agrees that it will exercise any intellectual property license rights in accordance with the license provisions of the County Contract and any other applicable licenses so long as the Party has prior notice of the license requirements. 11.2 Confidential Information 11.2.1 Each Party agrees that it will: (a) limit the distribution of Confidential Information to those employees, contractors or other persons who have a reasonable business need to know such information; and (b) take all reasonable care, and not less than the care the Party applies to its own confidential information, to prevent unauthorized use or disclosure of Confidential Information. Each Party agrees that it will not use, copy, convey or disclose any Confidential Information to any other person or entity unless expressly authorized in writing by the person that provided the Confidential Information or as may be required by law. 11.2.2 Such care shall include: (a) requiring such employees, contractors or other persons to sign a nondisclosure agreement; (b) requiring any contractors to also undertake reasonable protection measures; and (c) promptly enforcing any violations of such agreements. 11.3 Records. 11.3.1 Each Party shall keep records as required by state law and in accordance with such policies, procedures and retention schedules as may be established by the Joint Board. To the extent permitted by law, all records, accounts and documents relating to matters covered by this Agreement shall be subject to inspection, copying, review or audit by the Washington State Auditor or any Party. Upon reasonable notice, during normal working hours, each Party shall provide auditors from the Washington State Auditor or the other Parties with access to its facilities for copying said records at their expense. 11.3.2 Each Party shall be responsible for responding to public disclosure requests addressed to it in accordance with the Washington Public Records Act, Chapter 42.56 RCW, and such procedures as may be established by the Joint Board. If a Party receives a public records request for records related to the PSERN System, the Party receiving the request shall promptly notify the Project Director and the Joint Board. Absent agreement by the Parties on other arrangements, the Party receiving the request shall remain responsible for responding to the requester. In the event a request for records is addressed to the Joint Board but specifies records of a single Party, such Party shall assume responsibility for responding to the request. In the event a request for records is addressed to the Joint Board but does not specify records of a single Party, the 24 28 County shall assume responsibility for coordinating the Parties' response to the request. 11.3.3 If the requested records include any Confidential Information, the Party receiving the request shall promptly notify the Party or other person . or entity that designated the information as Confidential Information. Any Party receiving a public records request that includes Confidential Information shall not disclose the Confidential Information for ten (10) business days in order to give the affected Party or third party the opportunity to take whatever action they deem necessary to protect their interests before disclosure of the Confidential Information. A Party receiving a public disclosure request shall not be required to take any legal action in order to prevent disclosure of Confidential Information, nor shall a Party incur any liability to any other Party for disclosing Confidential Information in response to a public disclosure request so long as the disclosing Party has complied with the provisions of this Section 11. 12.0 FORCE MAJEURE Acts of nature, acts of civil or military authorities, acts of war, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, strikes and other labor disruptions, and other industrial, civil or public disturbances that are not reasonably within the control of a Party causing the Party's inability to perform an obligation under this Agreement are "Force Majeure Events." If any Party is rendered unable, wholly or in part, by a Force Majeure Event, to perform or comply with any obligation or condition of this Agreement, such obligation or condition shall be suspended for the time and to the extent reasonably necessary to allow for performance and compliance and restoration of normal operations. 13.0 TERMINATION OF AGREEMENT; WITHDRAWAL OF A PARTY 13.1 Termination of Agreement by Joint Board. The Joint Board may terminate this Agreement in its entirety by the unanimous affirmative vote of all voting Representatives. 13.2 Withdrawal of a Party. 13.2.1 In the event that a Party desires to withdraw from this Agreement, it shall give written notice to the Joint Board including its reasons therefor, a description of the probable impacts on the other Parties, a description of the probable impacts to the scope, schedule and budget of the PSERN Project and a proposed withdrawal work plan that will identify all necessary actions which need to be undertaken to effect the withdrawal. 13.2.2 Upon receipt of the above - described notice and information, the Joint Board will consider the request for withdrawal. The Joint Board may in its sole discretion approve a Party's request to withdraw from this Agreement and 25 29 establish any terms and conditions for approval. Approval requires a unanimous vote of all voting Representatives on the Joint Board. 13.2.3 A Party that is permitted to withdraw shall remain responsible for any obligations that arose prior to the effective date of the withdrawal and for any that are specified under Section 15.14 as surviving . a withdrawal. A withdrawing Party shall be solely liable for any actual costs to the other Parties arising out of or resulting from the withdrawal. Any such costs or other amounts owed under this Agreement by a withdrawing Party shall be paid prior to the effective date of the withdrawal or, if such amounts are not yet established, then within thirty (30) days after the amount is established. 14.0 LEGAL RELATIONS 14.1 Independent Contractors and No Third Party Beneficiaries 14.1.1 Each Party to this Agreement is an independent contractor with respect to the subject matter herein. No joint venture or partnership is formed as a result of this Agreement. 14.1.2 Nothing in this Agreement shall make any employee of one Party an employee of another party for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded by virtue of their employment. No Party assumes any responsibility for the payment of-any compensation, fees, wages, benefits or taxes to or on behalf of any other Party's employees. No employees or agents of one Party shall be deemed, or represent themselves to be, employees of another Party. 14.1.3 It is understood and agreed that this Agreement is solely for the benefit of the Parties, ValleyCom and EPSCA and gives no right to any other person or entity. 14.2 Claims Arising from the Joint Board's Acts or Omissions The Parties agree to share the cost, including the costs of defense, in the event of any claim, lawsuit, demand, judgment, award or liability of any kind against the Joint Board, any Party, ValleyCom or EPSCA and their respective officials and employees ( "Claim(s) ") arising out of, or in any way resulting from: (a) a Joint Board action or failure to act; or (b) the County's acts or omissions arising from a Joint Board action or failure to act. The Parties agree to share the costs arising from such a Claim(s), including the costs of defense in the following percentages: a. King County shall be liable for 25 %; b. City of Seattle shall be liable for 25 %; c. the EPSCA Cities shall be jointly and severally liable for 25 %; and 26 30 d. the ValleyCom Cities shall be jointly and severally liable for 25% The Parties agree to cooperate with each other as necessary in responding to and defending against all such Claims, which may include developing a joint defense plan. 14.3 Other Claims Except for a Claim covered by Section 14.2, each Party to this Agreement shall protect, defend, indemnify, and save harmless the other Parties and their respective officials and employees, from any and all Claims, arising out of, or in any way resulting from, the indemnifying Party's negligent acts or omissions. No Party will be required to indemnify, defend., or save harmless any other Party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of another Party. Where such claims, suits, or actions result from concurrent negligence of two or more Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each • Party's own negligence. Each of the Parties agrees that its obligations under this subparagraph extend to any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the Parties, by mutual negotiation, hereby waives, with respect to each of the other Parties only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 14.4 Waiver of Consequential and Certain Other Damages ALTHOUGH EACH PARTY ACKNOWLEDGES THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, EACH PARTY AGREES TO WAIVE ALL CLAIMS AGAINST EPSCA, VALLEYCOM, THE OTHER PARTIES, AND THEIR RESPECTIVE OFFICALS AND EMPLOYEES FOR ANY: COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT, PROVIDED THAT THIS SECTION SHALL ONLY APPLY TO CLAIMS BETWEEN AND AMONG THE PARTIES, EPSCA AND VALLEYCOM, AND SHALL NOT BE INTERPRETED TO LIMIT ANY CLAIMS BROUGHT PURSUANT TO SECTION 14.3. 14.5 In the event that any of the Parties or combination of the Parties incurs any judgment, award, and /or cost arising therefrom, including attorney fees, to enforce the provisions of this Section 14, all such fees, expenses, and costs shall be recoverable from the responsible Party or combination of the Parties to the extent of that Party's /those Parties' culpability. . 14.6 The provisions of this Section 14 shall survive the expiration or termination of this Agreement. 27 31 15.0 GENERAL 15.1 Filing of Agreement Pursuant to RCW 39.34.040, prior to its entry into force, this Agreement shall be filed with the King County Recorder's Office or, alternatively, listed by subject on a Party's web site or other electronically retrievable public source. 15.2 Time of the Essence The Parties recognize that time is of the essence in the performance of the provisions of this Agreement. 15.3 Specific Performance In the event a Party fails to perform an obligation under this Agreement, the other Parties or any one of them shall have the right to bring an action for specific performance, damages and any other remedies available under this Agreement, at law or in equity. 15.4 No Waiver No term or provision of this Agreement shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Party or Parties claimed to have waived or consented. Waiver of any default of this Agreement shall not be deemed a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach. Waiver of such default and waiver of such breach shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval of all Parties. 15.5 Parties Not Relieved of Statutory Obligations Pursuant to RCW 39.34.030(5), this Agreement shall not relieve any Party of any obligation or responsibility imposed upon it by law except that to the extent of actual and timely performance thereof by the Joint Board, the performance may be offered in satisfaction of the obligation or responsibility. 15.6 Nondiscrimination The Parties shall comply with the nondiscrimination requirements of applicable federal, state and local statutes and regulations. 15.7 No Assignment No Party shall transfer or assign a portion or all of its responsibilities or rights under this Agreement, except with the prior authorization of the Joint Board. 15.8 Dispute Resolution If one or more Parties believes another Party has failed to comply with the terms of this Agreement, the affected Parties shall attempt to resolve the matter informally. If the Parties are unable to resolve the matter informally, any Party may submit the matter to 28 32 mediation in accordance with the process provided in Section 4.5. If the Parties submit the matter to mediation and the matter is not resolved, then the aggrieved Party shall be entitled to pursue any legal remedy available. 15.9 Entire Agreement The Parties agree that this Agreement, including any attached exhibits, constitutes a single, integrated, written contract expressing the entire understanding and agreement between the Parties. No other agreement, written or oral, expressed or implied, exists between the Parties with respect to the subject matter of this Agreement, and the Parties declare and represent that no promise, inducement, or other agreement not expressly contained in this Agreement has been made conferring any benefit upon them. 15.10 Amendment Only In Writing This Agreement may be amended by action of the Joint Board in accordance with Section 4.4.1. 15.11 Notices 15.11.1 Any notice under this Agreement shall be in writing and shall be addressed to the Chair of the Joint Board, the Project Director and to each Party's Representative. Any notice may be given by certified mail, overnight delivery, facsimile telegram, or personal delivery. Notice is deemed given when delivered. Email may be used for notice that does not allege a breach or dispute under this Agreement. 15.11.2 The names and contact information set forth in Contact Information, attached hereto and made a part hereof as Exhibit 6, shall apply until amended in writing by a Party providing new contact information to each other Party. 15.12 Choice of Law; Venue This Agreement and any rights, remedies, and /or obligations provided for in this Agreement shall be governed, construed, and enforced in accordance with the substantive and procedural laws of the State of Washington. The Parties agree that the Superior Court of King County, Washington shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 15.1.3 Severability . The provisions of this Agreement are severable. If any portion, provision, or part of this Agreement is held, determined, or adjudicated by a court of competent jurisdiction to be invalid, unenforceable, or void for any reason whatsoever, each such portion, provision, or part shall be severed from the remaining portions, provisions, or parts of this Agreement and the remaining provisions shall remain in full force and effect. 29 33 15.14 Survival Provisions The following provisions shall survive and remain applicable to each of the Parties notwithstanding any termination or expiration of this Agreement and notwithstanding a Party's withdrawal from this Agreement. Section 11 Intellectual Property, Confidential Information and Records Section 14 Legal Relations Section 15.12 Choice of Law; Venue Additionally, unless otherwise determined by the Joint Board, Sections 5.3 and 5.4 shall survive a Party's withdrawal from this Agreement. 15.15 Counterparts This Agreement shall be executed in counterparts, any one of which shall be deemed to be an original, and all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, authorized representatives of the Parties have signed their names in the spaces provided below. KING COUNTY CITY OF AUBURN Name Name Title Title Date Date Approved as to Form: Attest: City Clerk Approved as to Form: Deputy Prosecuting Attorney City Attorney 30 34 CITY OF BELLEVUE CITY OF FEDERAL WAY Name Name Title Title Date Date Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney City Attorney CITY OF ISSAQUAH CITY OF KENT Name Name Title Title Date Date Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney City Attorney 31 35 CITY OF KIRKLAND CITY OF MERCER ISLAND Name Name Title Title Date Date Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney City Attorney CITY OF REDMOND CITY OF RENTON Name Name Title _ Title Date Date Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney • City Attorney 32 36 CITY OF SEATTLE CITY OF TUKWILA Name Name Title Title Date Date Attest: Attest: City Clerk City Clerk Approved as to Form: City Attorney 33 37 Exhibit 1 Contracting Plan 1.0 General 1.1 This Contracting Plan sets forth the general contract procurement and contract administration responsibilities of the County and its employees with regard to those contracts determined to be necessary or desirable for the planning, implementation, testing, operation and maintenance of the PSERN System during the term of the Agreement. Such contracts include contracts with: (a) the vendor providing the PSERN System and Subscriber Radios; (b) the consultant designing the improvements at certain sites; and (c) the contractor constructing said site improvements. 1.2 The Project Director, and those King County employees designated by the Project Director, shall be responsible for the procurements and day -to -day administration of such contracts and shall make all decisions related thereto subject to such approval by the Joint Board as may be required by the Agreement 2.0 Contract Procurement Activities 2.1 The County shall be responsible for the following contract procurement activities: a. drafting and issuing the applicable Invitations To Bid (ITBs) or Requests for Proposals ( "RFPs ") and any modifications to these documents; b. responding to questions and evaluating bids or proposals submitted in response to the ITBs or RFPs; c. conducting contract negotiations; d. awarding contracts and responding to any protests or challenges to the awards; and e. responding to requests for County records related to the procurement processes. 2.2 The Joint Board may appoint technical or other committees to participate with the County in the above procurement activities by providing timely review, comments and recommendations to the County's Buyer and Project Director, as applicable. 3.0 Contract Administration Activities 3.1 The County shall be responsible for administering PSERN System - related contracts including the following activities: a. Monitoring contractors' compliance with contract schedule, scope, budget, quality requirements, and all other terms and conditions; b. Participating in inspections, testing and other compliance- verification measures; c. Identifying performance deficiencies and requiring remediation; d. Managing the Contract Change Order and amendment processes and performing cost /price analyses of Contract Changes as necessary; e. Reviewing and responding to the contractors' deliverables and assertions of milestone completion within prescribed review timeframes using the agreed upon procedures; f. Responding to and resolving contractor claims; g. Processing and paying contractor invoices; h. Administering warranty claims; 1 38 i. Coordinating communications between contractors and the owners of sites and facilities at which PSERN System equipment will be located or current equipment will be removed; j. Coordinating communications between contractors and the owners of vehicles in which PSERN System equipment will be installed; k. Coordinating with User Agencies in the ordering of Subscriber Radios; I. Coordinating internal and external audits; m. Responding to information and public disclosure requests from the public and media; n. Monitoring expenditures compared to the Project Budget, including use of contingency amounts; o. Providing reports to the Joint Board on contract administration and the current status of the PSERN Project; and p. Contract Close -out. 3.2 The Project Director shall develop appropriate procedures and practices for the activities listed above. The Project Director may amend such procedures and practices as necessary. 3.3 The Parties acknowledge that it is essential the Project Director serve as the sole communication conduit with each contractor on matters related to the PSERN System. Unless specifically designated by the Project Director, the Joint Board Representatives, their Alternates, members of any committees and the Parties and their employees, representatives, consultants, and agents shall not communicate with the contractors on PSERN System - related matters. 4.0 Contract Changes 4.1 The County shall execute in writing any changes or amendments to a contract's terms, conditions, specifications, scope, schedule, price, or other requirements ( "Contract Change "). 4.2 Except in case of an emergency, the Project Director shall obtain prior - approval by the Joint Board of any Contract Change that: a. individually adds more than $200,000 in pontract cost; b. collectively, when combined with all other Contract Changes to the applicable contract, adds more than $1,000,000 in cost to that contract; c. adds more than thirty (30) days to a contract's schedule; d. materially changes the PSERN System design; e. exceeds a PSERN Project Budget line item; or f. that the Project Director determines to be elective. 5.0 Contractor Claims 5.1 In the event a contractor files a claim for additional time or money, the Project Director shall notify the Joint Board of the requested Contract Change and whether the Project Director approves or rejects same. The Project Director is authorized to negotiate and resolve such claims, subject to the same limitations as regarding Contract Changes set forth above. 5.2 The Joint Board, its committees and the Parties shall cooperate with the Project Director and support the Project Director in responding, defending and /or resolving such claims including collecting and providing information and participating in any dispute resolution and legal proceedings related to such contractor requests or claims. 2 39 6.0 Conditions on Participation in Procurement and Contract Administration Activities The Project Director may require, as a condition of participating in the PSERN System procurement and contract administration activities, that Joint Board Representatives and Alternates, committee members and any other individuals agree in writing to keep information confidential and comply with all laws, regulations, PSERN System contracts, County requirements and the provisions of this Agreement including provisions relating to conflict of interest, confidentiality, records retention, records disclosure and other requirements. END OF EXHIBIT 1. 40 3 Kina County Sites Exhibit 2 List of Party Owned /Controlled Sites Seattle Sites Valleycom Sites EPSCA Sites Clearview Crista Federal Way Grass Mountain Harborview Medical Center King County Courthouse King County Jail King County Regional Justice Center Marysville Water Tank Rattlesnake Mountain Ring Hill Snoqualmie Pass Sobieski Mountain Squak Mountain Top Hat View Park Apple Cove. Cambridge Capitol Hill McDonald Peak Northeast Skyway West Seattle Participating PSAP'S and Dispatch Locations Bothell Police Department PSAP Enumclaw Police Department PSAP Harborview Medical Center DISPATCH Issaquah Police Department PSAP King County Courthouse DISPATCH King County Jail DISPATCH NORCOM 911 PSAP King County RCECC PSAP Redmond Police Department PSAP King County Regional Justice Center DISPATCH Seattle Fire Department PSAP Seattle Police Department PSAP Seattle Public Utilities DISPATCH Sound Transit LCC DISPATCH Sound Transit OMF DISPATCH UW Police Department PSAP Valleycom PSAP King County Youth Service Center DISPATCH END OF EXHIBIT 2. Hill Norway Hill West Tiger Mountain Kent Sites Redmond Sites Cambridge Education Hill Bellevue; Sites Bellevue Fire Station 9 41 Exhibit 3 List of Frequencies Seattle EPSCA Vallevcom Fixed Mobile Fixed Mobile Fixed Mobile 851.1875 806.1875 851.1375 806.1375 851.0625 806.0625 851.4125 806.4125 851.8875 806.8875 851.0875 806.0875 851.9375 806.9375 852.6375 807.6375 851.1625 806.1625 851.9875 806.9875 853.3875 808.3875 851.3625 806.3625 852.1625 807.1625 853.4125 808.4125 851.8125 806.8125 852.6875 807.6875 854.2375 809.2375 851.9625 806.9625 852.9125 807.9125 855.4875 810.4875 852.1125 807.1125 853.4375 808.4375 866.1625 821.1625 852.6125 807.6125 853.6625 808.6625 866.2125 821.2125 852.7125 807.7125 854.1125 809.1125 866.4125 821.4125 852.8625 807.8625 854.1875 809.1875 866.4625 821.4625 853.3125 808.3125 854.3625 809.3625 866.6625 821.6625 853.4875 808.4875 854.4125 809.4125 866.9125 821.9125 853.6125 808.6125 866.2875 821.2875 866.9875 821.9875 854.0875 809.0875 866.3125 821.3125 867.2250 822.2250 854.2875 809.2875 866.3375 821.3375 867.2500 822.2500 855.7125. 810.7125 866.4375 821.4375 867.3125 822.3125 855.9875 810.9875 866.6875 821.6875 867.3625 822.3625 856.4375 811.4375 866.7125 821.7125 867.3875 822.3875 856.7125 811.7125 866.7375 821.7375 867.4875 822.4875 856.9375 811.9375 866.8875 821.8875 867.8125 822,8125 857.2625 812.2625 867.2875 822.2875 867.8875 822.8875 857.4375 812,4375 867.7625 822.7625 868.2000 823.2000 857.7125 812.7125 867.7875 822.7875 868.2250 823.2250 857.9375 812.9375 868.1750 823.1750 868.5250 823.5250 858.2625 813.2625 868.4750 823.4750 868.6500 823.6500 858.7125 813.7125 868.6750 823.6750 868.7750 823.7750 858.9375 813.9375 868.8750 823.8750 868.8250 823.8250 859.4375 814.4375 866.1625 821.1625 868.9000 823.9000 . 859.9375 814.9375 866.4125 821.4125 868.9500 823.9500 860.2625 815.2625 866.6625 821.6625 868.9750 823.9750 860.7125 815.7125 868.2250 823.2250 867.0125 822.0125 866.3625 821.3625 868.6500 823.6500 866.3875 821.3875 868.9000 823.9000 866.9375 821.9375 867.5125 822.5125 866.9625 821,9625 867.3375 822.3375 867.4375 822.4375 867.8375 822.8375 867.8625 822.8625 868.4250 823.4250 868.4500 823.4500 866.5125 821.5125 1 42 King County King County Fixed Mobile Fixed Mobile 154.9650 153.9950 866.3875 821.3875 155.1900 154.6500 866.4875 821.4875 155.3700 155.3700 866.4875 821.4875 460.5500 465.5500 866.5500 866.5500 851.0625 806.0625 866.5750 866.5750 851.0875 806.0875 866.6000 866.6000 851.1625 806.1625 866.6250 866.6250 851.3625 806.3625 866.6500 866.6500 851.8125 806.8125 866.9375 821.9375 851.9625 806.9625 866.9625 821.9625 852.1125 807.1125 867.3375 822.3375 852.6125 807.6125 867.4375 822.4375 852.8625 807.8625 867.4625 822.4625 853.3125 808.3125 867.6875 867.6875 853.4875 808.4875 867.6875 867.6875 853.6125 808.6125 867.7000 867.7000 854.0875 809.0875 867.7125 822.7125 854.2875 809.2875 867.8375 822.8375 855.2375 810.2375 867.8625 822.8625 855.9875 810.9875 867.9750 822.9750 856.2375 811.2375 868.0125 823.0125 856.4625 811.4625 868.2500 823.2500 856.4875 811.4875 868.4000 823.4000 856.9625 811.9625 868.4250 823.4250 856.9875 811.9875 868.4500 823.4500 857.2375 812.2375 868.5750 823.5750 857.4625 812.4625 868.7000 823.7000 857.4875 812.4875 858.2375 813.2375 858.4625 813.4625 858.4875 813.4875 858.9625 813.9625 859.4625 814.4625 860.4625 815.4625 860.9625 815.9625 866.0125 821.0125 866.0500 866.0500 866.0750 866.0750 866.1000 866.1000 • 866.1250 866.1250 866.1500 866.1500 866.3625 821.3625 2 43 King Seattle EPSCA Valleycom County 5945.20 5945.20 5974.85 5945.20 6063.80 6034.15 6004.50 5974.85 6315.84 6197.24 6635.00 6004.50 10715.00 6286.19 10795.00 6093.45 10795.00 10775.00 10835.00 6197.24 10995.00 10795.00 11285.00 6226.89 11095.00 10835.00 11405.00 6256.54 11215.00 10955.00 11525.00 6345.59 11285.00 11245.00 11565.00 6675.63 11445.00 11285.00 6795.00 11585.00 11325.00 6835.63 11445.00 10715.00 10755.00 10795.00 10915.00 11035.00 Frequency in MHz 11075.00 11215.00 11245.00 11285.00 11405.00 11565.00 END OF EXHIBIT 3. 44 3 Exhibit 4 Cost Allocation Model For the first year of PSERN System operation, rates to be paid by each User Agency and Dispatch Center will be computed as provided in this Exhibit 4. The PSERN System annual operating budget and the number of public safety radios, other radios, and consoles will be known quantities at the time the rates are computed. Division of Budget Between Radios and Consoles Percentage of annual budget to be paid with radio user fees = X. Percentage of annual budget to be paid with console user fees = Y. X = [83% of employee - related costs in the PSERN System annual operating budget + annual vendor costs for radio - related equipment] / PSERN System annual operating budget x 100. Y = [17% of employee - related costs in the PSERN System annual operating budget + annual vendor costs for console - related equipment] / PSERN System annual operating budget x 100. Public Safety and Other Radio Rates X% of the PSERN System annual operating budget will be paid with public safety radio rates and other radio rates combined. The other radio rate shall be 78% of the public safety radio rate. X% of PSERN System annual operating budget = [12 x the monthly public safety radio rate x the number of public safety radios] + [12 x the monthly other radio rate x the number of other radios]. Console Rates Y% of the PSERN System annual operating budget will be paid with console rates. Y% of PSERN System annual operating budget = 12 x the monthly console rate x the number of consoles. END OF EXHIBIT 4. 45 Exhibit 5 List of User Agencies Eligible for Radio Exchanges Auburn School District Bellevue Community College Bellevue School District Cedar River Water and Sewer District City of Algona City of Auburn City of Bellevue City of Black Diamond City of Bothell City of Burien City of Carnation City of Clyde Hill City of Covington City of Des Moines City of Duvall City of Enumclaw City of Federal Way City of Issaquah City of Kenmore City of Kent City of Kirkland City of Lake Forest Park City of Medina City of Mercer Island City of Newcastle City of Pacific City of Redmond City of Renton City of Sammamish City of SeaTac City of Seattle City of Shoreline City of Snoqualmie City of Tukwila City of Woodinville Covington Water District Eastside Fire & Rescue Eastside Hazmat Enumclaw School District 46 Kent School District King County King County Fire District # 2 King County Fire District # 4 King County Fire District #11 King. County Fire District #13 King County Fire District #16 King County Fire District #20 King County Fire District #27 King County Fire District #28 King County Fire District #36 King County Fire District #43 King County Fire District #44 King County Fire District #45 King County Fire District #47 King County Fire District #51 King County Public Hospital District # 1 King County Public Hospital District # 2 King County Public Hospital District # 4 King County Water District #20 King County Water District #49 King County Water District #75 Lake Washington School District Midway Sewer District NORCOM Northeast Sammamish Sewer & Water District Northshore School District Northshore Utility District Public Health - Seattle & King County Renton School District Riverview School District Ronald Wastewater District Sammamish Plateau Water & Sewer District Seattle Children's Hospital Snoqualmie Nation Soos Creek Water and Sewer Sound Transit South Correctional Entity South King Fire and Rescue 1 EPSCA Federal Way Public Schools Harborview Medical Center Highline School District Issaquah School District Kent Fire Authority Seattle Public Schools Veterans Administration Seattle Colleges (formerly Seattle Community College District) Airlift Northwest Emergency Service Patrol Seattle Housing Authority Washington Poison Control Center City of Maple Valley END OF EXHIBIT 5. Tahoma School District University of Washington Valley Communications Center Valley Regional Fire Authority Valley View Sewer District 2 47 Exhibit 6 Contact Information King County: Chief Information Officer King County Department of Information Technology (KCIT) Chinook Building 401 Fifth Avenue Seattle, WA 98104 (206) 263 -7887 City of Auburn: Mayor City of Auburn 25 West Main Street Auburn, WA 98001 (253) 931 -3041 City of Bellevue: Mayor City of Bellevue 450 110th Avenue NE P.O. Box 90012 Bellevue, WA 98009 (425) 452 -7810 City of Federal Way: Mayor City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 (253) 835 -7000 City of Issaquah: Mayor City of Issaquah 130 East Sunset Way PO Box 1307 Issaquah, WA 98027 (425) 837 -3020 City of Kent: Mayor City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856 -5700 END OF EXHIBIT 6. 48 City of Kirkland: Mayor City of Kirkland 123 5th Avenue Kirkland, WA 98033 (425) 587 -3001 City of Mercer Island: Mayor City of Mercer Island 9611 SE 36th Street Mercer Island, WA 98040 (206) 275 -7993 City of Redmond: Mayor City of Redmond 15670 NE 85th Street P.O. Box 97010 Redmond, WA 98073 (425) 556 -2101 City of Renton: Mayor City of Renton 1055 South Grady Way Renton, WA 98057 (425) 430 -6500 City of Seattle: Chief Technology Officer City of Seattle Department of Information Technology 7th Fifth Avenue, Ste. 2700 PO Box 94709 Seattle, WA 98124 (206) 684 -0600 City of Tukwila: Mayor City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1850 Memorandum of Agreement Regarding Future Operation of The Puget Sound Emergency Radio Network This Memorandum of Agreement Regarding Future Operation of Puget Sound Emergency Radio Network ( "MOA ") is entered into by and among King County and the cities of Auburn, Bellevue, Federal Way, Issaquah, Kent, Kirkland, Mercer Island, Redmond, Renton, Seattle, and Tukwila, each a political subdivision or municipal corporation of the State of Washington (individually, a "Party ") and, (collectively, the "Parties "). Recitals The Parties determined that it is in the public interest that a new public safety radio system be implemented that will provide public safety agencies and other user groups in the region with improved coverage and capacity, and uniformly high - quality emergency radio communications. This new system is referred to herein as the "Puget Sound Emergency Radio Network System" or "PSERN System." The Parties are entering into a separate agreement titled the Puget Sound Emergency Radio Network Implementation Period Interlocal Cooperation Agreement ( "Implementation Period ILA ") that designates King County to act as the lead agency for planning, procurement, financing and implementation of the PSERN System with the oversight of a joint board established by the Parties. The Parties also wish to create a new non - profit corporation to assume the ownership and control of the PSERN System at completion of the activities under the Implementation Period ILA, and thereafter throughout the useful life of the PSERN System. The Parties mutually desire to commit to the formation of the non - profit corporation, its governance structure, and other material terms regarding the future operation of the PSERN System while allowing the flexibility to work in good faith toward a more complete agreement for the incorporation of the non - profit and the future operation of the PSERN System. NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein and other valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree to the above Recitals and as follows: Page 1 of 5 49 1. Effective Date and Term This MOA shall be effective on the date it is last signed by an authorized representative of each the Parties, and shall remain in effect until the earlier of the following events: (i) the Implementation Period ILA is terminated or (ii) this MOA is superseded by the interlocal agreement described in Sections 3 and 4. 2. Incorporation of PSERN Operator The Parties hereby agree to create a non - profit corporation, as authorized under RCW 39.34.030, to be incorporated in Washington State for the purpose of owning, operating, maintaining, managing and providing ongoing upgrading and replacement of the PSERN System throughout its useful life. The future non - profit corporation to be created by the Parties is referred to herein as the "PSERN Operator ". 3. Interlocal Agreement; Material Terms The Parties agree to work in good faith and use best efforts to negotiate and enter into a future interlocal agreement that will establish the terms and conditions applicable to the future operation of PSERN and the incorporation of the PSERN Operator. The Parties commit and agree that the following terms and conditions are material to the future interlocal agreement and shall be included: a. The affairs of the PSERN Operator shall be governed by a board of directors (the "Board ") that shall act on behalf of all Parties and as may be in the best interests of the PSERN System. b. The governance and voting structure of the Board shall be as provided under Sections 4.1 through 4.3 of the Draft Puget Sound Emergency Radio Network Operator Interlocal Cooperation Agreement ( "Draft Operations Period ILA ") attached as Exhibit 1 and made a part of this MOA. c. Agencies using the PSERN System shall pay the PSERN Operator user fees as provided for in the Implementation Period ILA and based on the cost allocation model attached as Exhibit 4 to the Implementation Period ILA. 4. Additional Terms and Conditions of Interlocal Agreement In addition to the material terms and conditions in Section 3 above, the Parties shall continue to work in good faith to supplement, negotiate, amend and finalize the Draft Operations Period ILA, resulting in a final Operations Period ILA, which shall to include additional mutually agreed upon terms regarding the incorporation and transfer of operations to the PSERN Operator, which are anticipated to include terms regarding transfer of employees to PSERN, insurance and liability requirements, and service levels for the PSERN System user agreements. With the exception of the material terms and conditions in Section 3 above, the Draft Operations Page 2 of 5 50 Period ILA attached as Exhibit 1 is not intended to be legally binding but is attached for illustrative purposes only. The Parties commit to working to finalize the Draft Operations Period ILA in a timeframe that will allow it to be presented to the Parties' respective authorizing bodies for approval in a time and manner that will enable the PSERN Operator to be fully functioning no later than full system acceptance as defined under the Implementation ILA. IN WITNESS WHEREOF, authorized representatives of the Parties have signed their names in the spaces provided below. KING COUNTY CITY OF AUBURN Name Name Title Title Date Date Attest: City Clerk Approved as to Form: Approved as to Form: Deputy Prosecuting Attorney City Attorney CITY OF BELLEVUE CITY OF FEDERAL WAY Name Name Title Title Date Date Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: Page 3 of 5 51 City Attorney City Attorney CITY OF ISSAQUAH CITY OF KENT Name Name Title Title Date Date Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney City Attorney CITY OF KIRKLAND CITY OF MERCER ISLAND Name Name Title Title Date Date Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney City Attorney Page 4 of 5 52 CITY OF REDMOND CITY OF RENTON Name Name Title Title Date Date Attest: Attest: City Clerk City Clerk Approved as to Form: Approved as to Form: City Attorney City Attorney CITY OF SEATTLE CITY OF TUKWILA Name Name Title Title Date Date Attest: City Clerk Approved as to Form: City Attorney Page 5 of 5 53 54 PSERN (Puget Sound Emergency Radio Network) Legislative FAQ Q: What is PSERN? A: PSERN is a proposed construction project that will replace the current aging emergency radio communications network with a new emergency radio communications network. 0: What are emergency radio communications networks used for? A: When we call 9 -1 -1, a dispatcher sends us police officers, fire fighters, and emergency medical staff using a separate radio system known as the King County Emergency Radio Communications System. The same system is used by these responders to coordinate their activities at emergency incidents and to communicate with managerial staff that is directing their response to the incident. Q: Why do we need a new emergency radio communications network? A: The current network is approaching 20 years old and is in danger of failing if it isn't replaced in a timely manner. Q: Can't we just replace a couple of parts or migrate rather than replacing the whole system? A: The parts that the current system uses won't be compatible with the new network. In addition, the current system cannot support the new technology PSERN will have. Q: Why must a new system be funded now rather than later? What are the risks of delaying funding until later? A: The longer we delay after spare parts and repairs cease to be available at the end of 2018, the greater is the risk that responders will be unable to communicate when needed. Technically speaking, the system will lose capacity and coverage area. With the above said, we have taken certain precautionary steps to address system problems if this does occur. For example, we have purchased a cache of spare parts. If we do not have a part or our supply runs out we would then look to purchase the part from a secondary vendor. Q: Are there additional concerns with our current system? A: Yes. The system was designed in 1992 for the County's population at that time. Since then, the County's population and the dispersal of that population have grown in ways no one could anticipate. As a result, our system does not cover all of the areas in the County where services is needed and is lacks the capacity needed during large -scale disasters and incidents. PSERN (Puget Sound Emergency Radio Network) Legislative FAQ Cont'd 55 Q: Why can't first responders use cell phones? A: Cell phones are not an option due to lack of reliability. They don't have sufficient back up or the capacity to operate in a power outage or other widespread emergency situations. Most importantly, they do not work the way emergency radio system do. They are not capable of operating in a "dispatch" fashion where one person broadcasts to many people, nor are they capable of working "off network" such as radio to radio operations that are often used at fire scenes. Q: Who is leading the project? A: There are four owners of the radio communications system — Eastside Public Safety Communications Agency (EPSCA), King County, City of Seattle and Valley Communications (ValleyComm). Each entity owns separate towers and equipment run by a central computer. King County is responsible for leading and implementing the project on behalf of the owners and will see the project through to completion. Q: Is there a binding document guaranteeing the County can effectively manage vendor contract(s) and other parts of the project? A: The County and other partners are in agreement about roles and responsibilities during PSERN planning, construction, and testing, and that agreement is in the Project Implementation ILA. Q: Will the ownership and operation of the new system remain the same as for the current system? A: A new consolidated operational and governance agency will be created. This public, non - profit organization, working closely with the current co- owners, will take the lead with the purchase, implementation and testing of the new network. It will also operate and maintain the new system infrastructure going forward. It will have the same level of jurisdictional representation as the current emergency radio system and will have increased representation from the first responder community. Q: Having a single entity operating and maintaining the system infrastructure, rather than four entities doing that work, should result in improved service: when there is a problem with the system we will be able to skip the step of determining which owner is responsible to fix it. Who will run the non - profit organization? A: The organization will be governed by a four - person board of directors. One board member will be appointed by each of the following: the City of Seattle; the 5 Valley Communications Center member cities jointly; the 5 Eastside Public Safety Communications Agency member cities jointly; PSERN (Puget Sound Emergency Radio Network) Legislative FAQ Cont'd 56 and King County. There will be two additional new members who will be appointed to the cities not otherwise represented on the board -1 non - voting police representative and 1 non - voting Fire representative. Each member will have an equal vote. Q: How long will it take to complete the project? A: Once construction begins, it will take approximately 5 years for completion. Q: How much will PSERN cost and how will it be paid for? A: The project, including sites, equipment, labor, sales tax, and interest on the bonds will cost approximately $237 million. The County Executive anticipates asking the King County Council to put a funding measure on the ballot next year. Q: What kind of funding measure will be proposed? What funding options were considered? Why was this option chosen? A: The King County Executive anticipates proposing a levy lid lift. Several funding options were considered including Criminal Justice Sales Tax, Emergency Communication System Sales Tax, Excess Levy, Excess Levy and a Levy Lid Lift, Sharing the Financing with the Subregional Entities, Sharing the Financing with All Jurisdictions and Partial Funding Options. It was decided that using a Levy Lid Lift is the only viable option for funding a new system with a single taxing measure. Q: What is the time frame for the funding measure to get on the ballot? A: Council must adopt an ordinance putting a funding measure on the April2015 ballot no later than Feb 16, 2015. Q: If the King County Council places a funding measure on the ballot and it is approved by voters, how much are taxes going to increase? A: The current estimate is 7.0 cents per $1,000 of assessed value over 9 years. Q: Why don't the four system co- owners have savings to pay for the capital costs of the new system? A: Each of the co- owners put aside some funds for a new system. Over the years of operating the current system savings have been used to fund mid -life upgrades that have kept portions of the network refreshed as well as adding capacity to certain areas. Today these savings in aggregate are very small compared to the cost of a new system. Q: Weren't replacement reserves supposed to be accumulated by the co- owners for system replacement, and if so, why can't they fund the project? PSERN (Puget Sound Emergency Radio Network) Legislative FAQ Cont'd 57 A: They can, however this is a large project and the accumulated funds are less than 1 /20th the total project cost. The County and co- owners do not have sufficient available funds to pay for a project of this size without additional revenue. In 1992 when initial planning for the current network was done, a formula to generate replacement reserves was created by each of the four owners. Through time those funds have been used to keep the current system upgraded, and to support early phases of the PSERN project. Even if the funds weren't spent over the years, we would have less than % of the total PSERN project cost because in 1992 no one could have anticipated King County's population would increase so fast nor cover so large an area of the County. Also, because the practice has been to use funds for mid -life upgrades, co- owners need to retain their funds until the PSERN has been completed to ensure they have contingency to maintain the current system. Q: If the County is paying for all the assets, why shouldn't the County operate and maintain PSERN both during the project and after the project is completed? A: The County Executive believes that centralization is needed for this regional service and that they best model is to operate and own it using a public, non - profit entity. Current owners have agreed to this approach and are currently drafting an interlocal agreement (ILA) that will accomplish this. Q: How long will the County need to operate and maintain PSERN after FSA? A: The draft ILA contains provisions for automatically transferring PSERN once finished, and the provisions are already met guaranteeing that the County will not need to operate and maintain PSERN after FSA. Q: What will happen to PSERN operations and maintenance if the Corporation does not take over PSERN at or soon after FSA? A: In this event, the county will own and operate PSERN, but only until such time as it can be transferred to the non - profit agency. The draft ILA includes a provision for partners and users to pay the County for its operation and maintenance of PSERN after PSERN starts operation until the ownership and operations is turned over to the non - profit organization. Q: How can we be sure there will be no need to dip into the Current Expense Fund because of cost overruns or unanticipated expenses? Who will be responsible for cost overruns? A: The county and its partners have done much to ensure that all costs have been accounted for in the project budget and subsequent funding measure. Technical consultants were used to analyze needs and assist with development of system requirements. A competitive RFP process was used to get the best system vendor at the best price. As the project goes into PSERN (Puget Sound Emergency Radio Network) Legislative FAQ Cont'd 58 implementation, it will be subject to project governance with and external to the County, and also expects to hire an independent Quality Assurance firm, as well as independent construction management to oversee civil radio site work. The combination of these will help contain costs. Lastly, the project has hired a competent and experienced project staff that will utilize project management best practices. Q: How long will the system last before we need to fund a new one? A: The new system will last at least 20 years. Q: Today radio system users pay monthly fees for use of the radio system. Could the new system's capital costs be funded through rate increases rather than a tax increase? A: This is possible, but not practical. To pay for capital costs monthly fees would need to more than double. Monthly fees are usually paid out of the agency's general funds, so any increase in rates would impact that agency's fund source. Q: Why are there two different rates for radio users? A: 1. Some radio users use less features than others, therefore providing service for them is less expensive. 2. We want to encourage users to use PSERN, especially those that have various types of demands such as school districts and utilities. Q: How does this relate to the discussions I've heard about the possible decrease in the number of 9 -1 -1 dispatch centers? A: There is no relationship between the PSERN project and dispatch center consolidation. They are independent. System planning has included all of today's centers. If there are fewer centers that are in business when system equipment is ordered, our order and design will be adjusted accordingly. The draft ILA will also make commitments to continue service to the dispatch centers. Q: Is there widespread support for a new network and the ballot measure from city elected officials, police and fire chiefs, police and fire line staff, emergency managers, dispatchers, and County Executive? A: There is a clear, shared vision of the need to replace the current system and build a new radio system now. PSERN (Puget Sound Emergency Radio Network) Legislative FAQ Cont'd 59 Q: There have been some concerns raised by Junior Tax Districts such as Fire Districts about revenues being negatively impacted by the levy lid lift. Is that true? A: Fire districts should not be harmed due to this measure. Last year, assessed property values in King County increased significantly, so we anticipate that the County tax rate will decrease sufficiently to cover potential impact to all Fire Districts. Other junior tax districts such as Parks and Hospital districts could be impacted in the initial years of the measure. PSERN (Puget Sound Emergency Radio Network) Legislative FAQ Cont'd 60 Tukwila City Council City Hall Council Chambers MINUTES REGULAR MEETING EXECUTIVE SESSION Regular Meeting December 1, 2014 — 7:00 P.M. Start: 6:00 p.m. Mayor Haggerton announced the purpose of the Executive Session is to discuss: Potential Litigation — Pursuant to RCW 42.30.110(1)(i) It will last no more than 60 minutes, and no decisions will be made during the Executive Session. Attendees: Jim Haggerton, Mayor; David Cline, City Administrator; Rachel Turpin, City Attorney; Stephanie Brown, Human Resources Director; Bob Giberson, Public Works Director; Tukwila City Councilmembers Joe Duffie, De'Sean Quinn, Allan Ekberg, Verna Seal, Kathy Hougardy, Kate Kruller. Councilmember Robertson was not present. End: 6:41 p.m. CALL TO ORDER/PLEDGE OF ALLEGIANCE /ROLL CALL Mayor Haggerton called the Regular Meeting of the Tukwila City Council to order at 7:01 p.m. and led the audience in the Pledge of Allegiance. ROLL CALL Christy O'Flaherty, City Clerk, called the roll of the Council. Present were Councilmembers Joe Duffie, De'Sean Quinn, Allan Ekberg, Verna Seal, Kathy Hougardy, and Kate Kruller. MOVED BY DUFFIE, SECONDED BY QUINN TO EXCUSE COUNCILMEMBER ROBERTSON FROM THE MEETING. MOTION CARRIED 6 -0. CITY OFFICIALS Jim Haggerton, Mayor; David Cline, City Administrator; Rachel Turpin, City Attorney; Jack Pace, Community Development Director; Minnie Dhaliwal, Planning Supervisor; Stephanie Brown, Human Resources Director; Derek Speck, Economic Development Administrator; Bob Giberson, Public Works Director; Peggy McCarthy, Finance Director; Mary Miotke, IT Director; Christy O'Flaherty, City Clerk. SPECIAL PRESENTATION a. An update on the Puget Sound Emergency Radio Network (PSERN) system implementation. Lora Ueland, Executive Director, Valley Corn. Lora Ueland, Executive Director at Valley Corn, provided an overview of the PSERN implementation project. Ms. Ueland provided written information for distribution to the Council and Mayor. The purpose of PSERN is to replace the current 800 MHz radio system used by emergency services and public and government entities. The current radio system used by all public safety agencies in King County is owned by four partners: King County, the City of Seattle, the Eastside Public Safety Communications Agency (EPSCA) and Valley Communications Center. 61 Tukwila City Council Regular Meeting Minutes December 1, 2014 Page 2 of 10 The current radio system was formed in connection with a 1992 King County ballot measure, and King County distributed funds to the four entities and each was responsible for building a portion of the overall system. The current county -wide system was completed in 1997 and still provides the emergency radio network for this region, serving 16,000 radios. Additionally, the system is used by some school districts, utilities, transportation providers, hospitals and other government entities. The current system is approaching 20 years old. The vendor has indicated the support for the system is coming to an end and will be eliminated in 2018. The system no longer provides the desired level of coverage in certain parts of the County. Its capacity is taxed during major events which restricts or prohibits effective communication. In 2012, King County convened a group of King County, EPSCA, Seattle and Valley Com officials to consider how to implement a new state -of- the -art, seamless, unified emergency radio system which was named the Public Safety Emergency Radio Network (PSERN). In 2013, the parties cooperatively issued an RFP for replacement of the current system. The new system will require a countywide ballot measure to fund, is expected to take 5 -6 years to build, and users will begin migrating from the current radio system to the new one in 2019. The life span of the new system is anticipated to be 20 years. The PSERN project, including sites, equipment, labor, sales tax, and interest on bonds will cost approximately $237 million. The King County Executive anticipates asking to put a funding measure, a 9 -year levy lid lift, on the ballot in April 2015. The current estimate of the impact of the ballot measure if passed is 7 cents per $1,000 of assessed value over 9 years. Rates for service will fund the ongoing operation of the system. With the end of support from the vendor in 2018 and at least 5 years needed to build the system, any delay increases risk. The target election is April 2015. The King County Council must adopt an ordinance putting a funding measure on the ballot no later than February 16, 2015. It is hoped the Interlocal Agreements can be adopted by all the cities in early January 2015. Tukwila's City Attorney has been involved in drafting the Interlocal Agreements. Should the timeline not be met to put a measure on the April 2015 ballot or the ballot not pass, there will likely be another attempt in 2016. The Councilmembers asked questions and offered comments regarding the presentation and thanked Ms. Ueland for giving an update at this time. Mayor Haggerton emphasized the aggressive timeline associated with approval of an Interlocal Agreement by the City Council in early January 2015. He asked the Council President and Councilmembers to begin thinking about the best way for this to be accomplished in light of Tukwila's Council Committee process. b. An update on the grocery store survey. Derek Speck, Economic Development Administrator, and Junpei Guo, Economic Development Intern. Derek Speck, Economic Development Administrator, explained that the grocery store at the location of South 144th Street and Tukwila International Boulevard (TIB) has had multiple owners over the years. One of the stores closed due to bankruptcy and another went out of business. Currently Saar's grocery store is in business at this location. The City made the decision to utilize an intern to do a study to assess methods to ensure a long -term successful grocery store in Tukwila. Ms. Guo graduated with a Master's Degree in Public Administration and has had previous experience in food innovation projects. Junpei Guo, Economic Development Intern, utilized an electronic presentation to provide an overview of this topic. 62 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by M, o 's review Co j ' jew 01/12/15 BG e ;Of C., giff Al vi 01/20/15 BG LI Other Mtg Date SPONSOR LI Council LI Mayor U HR • DCD LI Finance LI Fire LI IT El P&R LI Police I PW SPONSOR'S Carollo Engineers is the consultant for the update to the Water Comprehensive Plan. As a SUMMARY result of additional review comments from the State of Washington's Department of Health, the Water Comprehensive Plan had to be updated. As budget funding has been exhausted for this specific project, the Water Fund's Ending Fund Balance will be utilized. Council is being asked to approve the contract with Carollo Engineers for $15,132.00. REVIEWED BY ii: COW Mtg. LI CA&P Cmte Cmte [II Arts Comm. • F&S Cmte Comm. CHAIR: KATE E] Transportation Cmte ITEM INFORMATION ITEM No. 3.B. 63 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 01/12/15 AGENDA ITEM TITLE Water Comprehensive Plan - Caro llo Engineers Contract for Final Revisions CATEGORY Discussion Mtg Date 01/12/15 E] Motion Mtg Date 01/20/15 OResolution Mtg Date 111 Ordinance Mtg Date 0 Bid Award Mtg Date ['Public Hearing Mtg Date LI Other Mtg Date SPONSOR LI Council LI Mayor U HR • DCD LI Finance LI Fire LI IT El P&R LI Police I PW SPONSOR'S Carollo Engineers is the consultant for the update to the Water Comprehensive Plan. As a SUMMARY result of additional review comments from the State of Washington's Department of Health, the Water Comprehensive Plan had to be updated. As budget funding has been exhausted for this specific project, the Water Fund's Ending Fund Balance will be utilized. Council is being asked to approve the contract with Carollo Engineers for $15,132.00. REVIEWED BY ii: COW Mtg. LI CA&P Cmte Cmte [II Arts Comm. • F&S Cmte Comm. CHAIR: KATE E] Transportation Cmte LI Parks COMMITTEE W Utilities MI Planning Comm. DAIE: 12/01/14 KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. COMMIT-FEE Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $15,132.00 $0.00 $15,132.00 Fund Source: 401 WATER FUND'S ENDING FUND BALANCE Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/12/15 01/20/15 MTG. DATE ATTACHMENTS 01/12/15 Informational Memorandum dated 11/26/14 Consultant Agreement Minutes from the Utilities Committee meeting of 12/01/14 01/20/15 63 64 City of Tukwila INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director BY: Mike Cusick, Senior Program Manager DATE: November 26, 2014 SUBJECT: Water and Sewer Comprehensive Plans Project No. 91040101 Consultant Contract for Final Revisions ISSUE Approve a new contract with Carollo Engineers for final revisions to the Comprehensive Water Plan. Jim Haggerton, Mayor BACKGROUND In 2010, the City contracted with Carollo Engineers to update the Water and Sewer Comprehensive Plans with Contract No. 10 -055. Contract No. 10 -055 expired on May 30, 2014 and a new contract is needed with Carollo Engineers as Washington State Department of Health (DOH) has requested minor revisions to the Comprehensive Water Plan. DISCUSSION The City addressed the initial comments received from DOH and Council adopted the Comprehensive Water Plan on July 21, 2014 with Resolution No. 1834. The Comprehensive Water Plan was then resubmitted to DOH for final approval, at which time the City received new comments from a different DOH reviewer. DOH will not allow the minor changes to be placed in Appendix B Agency Comments section of the Water Plan and is requesting that a portion of the body of the text be revised. The Comprehensive Water Plan will be updated to include responses to the DOH comments; 1 camera ready Plan book and 1 CD of the plan. Staff will insert the revised pages into the plan notebooks that the City has already published. FINANCIAL IMPACT The new contract with Carollo Engineers will provide funding for addressing the reviewing agencies' comments and printing costs. Funding for the additional work will come from the Water Fund's Ending Fund balance. EXPENDITURES Funding Budget Original contract $291,000.00 Water Comp Plan $160,000.00 Supplement No. 1 12,662.00 Sewer Comp Plan 143,000.00 Supplement No. 2 21,721.50 Interurban Water Reuse (2013) 25,000.00 Supplement No. 3 -6 ** 16,250.00 Interurban Water Reuse (2014) 25,000.00 Supplement No. 7 19,768.00 APE Water Line 16,000.00 2015 Contract 15.132.00 Water Ending Fund Balance 8,000.00 Total $376,533.50 $377,000.00 ** Supplement Nos. 4 -6 did not change the contract amount. RECOMMENDATION Council is being asked to approve the contract for the final Revisions to the Comprehensive Water Plan with Carollo Engineers for $15,132.00 and consider this item at the January 12, 2015 Committee of the Whole and subsequent January 20, 2015 Regular Meeting. Attachments: Consultant Agreement W:\PW Eng\PROJECTSW- WT Projects\Water Comprehensive Plan - Water (91040101)Ilnfo Memo Water Comp Plan New Contract 11 7 2014.docx 65 66 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONSULTANT AGREEMENT FOR ENGINERING SERVICES FOR THE COMPREHENSIVE WATER PLAN THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Carollo Engineers, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform professional services in connection with the project titled Comprehensive Water Plan. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending July 1, 2015 unless. sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than July 1, 2015 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $15,132.00 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 67 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. CA revised : 1 -2013 68 Page 2 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance progizam, otherwise assuming the duties of an employer with respect to the Consultant. or any employee of the Consultant. CA revised : 1 -2013 Page 3 69 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City, shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non - Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. CA revised : 1 -2013 70 Page 4 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Carollo Engineers 1218 Third Avenue, Suite 1600 Seattle, WA 989101 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. DATED this CITY OF TUKWILA day of , 20 Mayor, Jim Haggerton CONSULTANT By: (,.AAk... 16Cl_14A-V\JAJC, Printed Name: Lara Kammereck Title: Vice President, Project Manager Attest /Authenticated: Approved as to Form: City Clerk, Christy O'Flaherty Office of the City Attorney CA revised : 1 -2013 Page 5 71 EXHIBIT A CITY OF TUKWILA SCOPE OF SERVICES COMPREHENSIVE WATER PLAN The following is a scope of work for the Comprehensive Water Plan (Plan) for the City of Tukwila. This purpose of this scope is to add new tasks to respond to Agency comments. As a result of comments on the draft Plan from the State of Washington Department of Health (DOH) the storage analysis will be revised. This change requires extensive edits to the text, analysis tables, and figures throughout the Plan. Analysis revisions will also result in modifications to the capital improvements program (CIP). The Plan will be updated to include responses to comments. A Final Plan will be developed and issued for Council and Agency review and approval. SCOPE OF SERVICES AND TASKS The scope of services for the project will consist of the following tasks: Task 1: Project Coordination Consultant will provide the project management services necessary to meet the proposed scope of services, budget, and timeline. This includes three meetings with City. Monitor progress against projected schedule, scope of service, and budget and administer monthly invoicing. Communicate internally and with City staff regarding the project progress, any issues of concern, project requirements, periodic reviews, and overall project schedule. DELIVERABLES: 1. Meeting 1— Review Agency comments and proposed responses to Plan. Task 2: Incorporate Responses from Agency Comments • Add physical and contractual obligations from Cascade and SPU contracts for supply stations to Table 4.2. Include statement in text indicating inclusion. • Storage Analysis was revised to mitigate deficiencies in storage. DOH comment states current recommendation of contacting adjacent purveyors regarding willingness to provide storage for the City to meet requirements is unacceptable. Plan text to be revised and CIP modified. • City to develop water shortage response plan and Consultant to review and update as necessary. Water shortage response plan will replace Appendix H. • Add Adjacent Purveyor comments to Appendix B. Assumptions • City to send letters to Agencies pw: / /Carollo/ Documents /Client/WA/Tukwila/8472B00 /Project Management / Contracts /Scope_AgencyComments.docx 72 Task 3: Plan Amendment Development This task will include the compilation of all previous tasks mentioned in this Scope of Services. Carollo will incorporate all updated chapters and prepare the Final Plan. Prepare revised Cover Sheet, Table of Contents, and Executive Summary. Compile Chapters and Appendices. Prepare Final Plan PDF for City review and incorporate comments into the Final Stamped Plan. DELIVERABLES: 1. One Stamped Final camera -ready copy, and one PDF of the Final Comprehensive Water Plans for the City. pw: / /Carollo/ Documents / Client /WA/Tukwila/8472800/Project Management / Contracts /Scope_AgencyComments.docx 73 CITY OF TUKWILA EXHIBIT B COMPREHENSIVE WATER PLAN TASK / DESCRIPTION PM Asst. PM GIS WP Kammereck Reisinger Dunn Varies Total Hours Total Labor Rate $ 189.00 $ 150.00 $ 125.00 $ 81.00 Carollo Labor Cost OTHER DIRECT COSTS Travel and Printing PECE $9.00 Total ODC TOTAL COST Task 1 - Project Coordination 1.1 Meeting No. 1 - Agency Comments Review Subtotal - Task 1 4 6 4 2 0 0 6 $ 1,056 50 $ 54 $ 104 104 50 $ 54 $ 104 1,160 Task 2 - Incorporate Responses from Agency 4 16 8 4 $ 1,728 $ 1,728 Subtotal - Task 2 4 16 8 4 32 4,480 $ 1,728 $ 1,728 $ 6,208 Task 3 - Plan Amendment Development 4 8 0 16 $ 3,000 $ 1,512 $ 4,512 Subtotal - Task 3 4 8 0 16 28 $ 3,252 $ 3,000 $ 1,512 $ 4,512 7,764 TOTAL 12 26 8 20 66 $ 8,788 $ 3,050 3,294 6,344 $ 15,132 UTILITIES COMMITTEE Meeting Minutes Monday, December 1, 2014 — 5:15 p.m. — Foster Conference Room City of Tukwila Utilities Committee PRESENT Councilmembers: Kate Kruller, Chair; Allan Ekberg, Kathy Hougardy Staff: David Cline, Bob Giberson, Frank Iriarte, Robin Tischmak, Gail Labanara, Pat Brodin, Mike Cusick and Laurel Humphrey CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:20 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Supplemental Agreement: 2014 Annual Sewer Repair Program /Sewer Lift Station #4 Staff is seeking Council approval of Supplement No. 1 with Systems Interface Inc. in the amount of $9,310.00 for additional design services for Sewer Lift Station No. 4. The design of electrical upgrades to Sewer Lift Station No. 4 began in January 2014 and an inspection revealed the need to replace the motor control panel. Funding for this project comes from the 2014 and 2015 Annual Sewer Repair Program. UNANIMOUS APPROVAL. FORWARD TO JANUARY 20, 2015 REGULAR CONSENT AGENDA. B. Contract: Revisions to Comprehensive Water Plan Staff is seeking Council approval of a contract with Carollo Engineers in the amount of $15,132.00 for final revisions to the Comprehensive Water Plan. Initial comments from the Department of Health (DOH) were incorporated into the Water Comprehensive Plan adopted by the Council on July 21, 2014 via Resolution 1834. It was then sent back to DOH for final approval, but a different reviewer was assigned who then requested additional changes to the body of the text. The new contract with Carollo Engineers provides funding for work to address the reviewer's comments as well as printing costs. Funds are available from the Water Fund's Ending Fund Balance. The Committee noted the inefficiency of responding to additional DOH changes following Council approval and printing, and staff confirmed that Municipal Water Law requires legislative body approval prior to DOH approval. Council discussion led to the conclusion that it would be good to learn if other jurisdictions encounter difficulties with this sequence of events and if so, it may be worth bringing forward for legislative change. UNANIMOUS APPROVAL. FORWARD TO JANUARY 12, 2015 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Committee Chair Kruller complimented staff on the Cascade Safe Routes to School trail that was recently paved. She then inquired if weather would impact the new vault installation and the final paving and staff informed Committee that the vault is expected next week and the final phase is weather dependent. Meeting adjourned at 5:48 p.m. Next meeting: TBD Committee Chair Approval Minutes by LH. Reviewed by GL. 75 76 COUNCIL AGENDA SYNOPSIS Initials Meetin.:Date Presared b Ma or's review Co ', evi'w 1/12/15 JH ., [] Resolution Mtg Date 1/20/15 JH 0 Public Fleming Mtg Date E Other Mtg Date Mtg Date 1/20/15 SPONSOR Counci l Mayor HR 0 DC D Finance j Fire IT 0 pe7R Police Lii 1 W SPONSOR'S TMC Title 7 and the previously adopted (Tukwila ordinance 2306) KCC Title 11 conflict in SUMMARY the definition of "Running at large" when cleaning up that conflict, other language was cleaned up and/or modernized to avoid confusion. Additionally, the ability to allow "any law enforcement officer" to enforce the provisions of Title 7 was added. The previously adopted KCC Title 11 was kept largely intact and re-formatted as a portion of TMC Title 7. REVIEWED BY El COW Mtg. Z CA&P Cmte E F&S Cmte El] Transportation Cmte El Utilities Cmte 0 Arts Comm. 1:11 Parks Comm. El Planning Comm. DATE: 12/9/14 COMMITTEE CHAIR: DUFFIE RECOMMENDATIONS: spoNsoR/ADmiN, COMMFITHE Police Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ITEM INFORMATION ITEM No. 3.C. 77 STAFF SPONSOR: JON HARRISON ORIGINAL AGENDA DATE: 1/12/15 AGENDA ITEM TITLE An ordinance updating TMC Title 7 relating to Animal Control Regulations CATEGORY IZ Dircwssion Mg Date 1/12/15 [i] Motion Mg Date [] Resolution Mtg Date .11 Ordinance E Bid Award Mtg Date 0 Public Fleming Mtg Date E Other Mtg Date Mtg Date 1/20/15 SPONSOR Counci l Mayor HR 0 DC D Finance j Fire IT 0 pe7R Police Lii 1 W SPONSOR'S TMC Title 7 and the previously adopted (Tukwila ordinance 2306) KCC Title 11 conflict in SUMMARY the definition of "Running at large" when cleaning up that conflict, other language was cleaned up and/or modernized to avoid confusion. Additionally, the ability to allow "any law enforcement officer" to enforce the provisions of Title 7 was added. The previously adopted KCC Title 11 was kept largely intact and re-formatted as a portion of TMC Title 7. REVIEWED BY El COW Mtg. Z CA&P Cmte E F&S Cmte El] Transportation Cmte El Utilities Cmte 0 Arts Comm. 1:11 Parks Comm. El Planning Comm. DATE: 12/9/14 COMMITTEE CHAIR: DUFFIE RECOMMENDATIONS: spoNsoR/ADmiN, COMMFITHE Police Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 1/12/15 Informational memorandum dated 12/3/14 Draft Ordinance - Changes made to ordinance after CAP outlined in attached minutes TMC Title 7 . Minutes from the Community Affairs and Parks Committee meeting of 12/9/14 1/20/15 77 78 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Police Chief Mike Villa BY: Commander Jon Harrison DATE: December 3, 2014 SUBJECT: An ordinance updating Tukwila Municipal Code (TMC) Title 7 relating to Animal Control Regulations (Changes made to draft ordinance after CAP) ISSUE The current Tukwila Municipal Code Title 7 does not clearly clarify the roles and responsibilities of the City of Tukwila or King County's Regional Animal Control Services (the City of Tukwila's contract agency for animal care and control). There are also conflicts between TMC title 7.12 and King County Code (KCC) Title 11 adopted by ordinance 2306 in 2010. BACKGROUND TMC Title 7 and KCC Title 11 conflict with regard to one critical definition, specifically, "Running at large". There has been a clean-up of language in Title 7 to incorporate both the intent and authority expressed in KCC Title 11 and the contract between the City of Tukwila and King County, into one document. The previously adopted KCC Title 11 was kept largely intact and simply moved into a TMC format instead of adopting the KCC. DISCUSSION This ordinance provides for some items that were left out of the TMC to provide for a police dog exemption, the ability for any law enforcement officer to enforce the provisions of Title 7, expanded definition of livestock, and updating various words to more accurate descriptions in order to meet the intent of Title 7 (e.g. changing "building site" to "parcel", "place of human habitation" to "dwelling", etc). FINANCIAL IMPACT No significant financial impact is anticipated. RECOMMENDATION The Council is being asked to consider the ordinance at the January 12, 2015 Committee of the Whole meeting and subsequent January 20, 2015 Regular Meeting. ATTACHMENTS Draft Ordinance TMC Title 7 79 80 DRA FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 232, 2351, 2306 AND 2403, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 7; REENACTING TUKWILA MUNICIPAL CODE CHAPTERS 7.08, 7.12, 7.16, AND 7.20 AND ESTABLISHING NEW CHAPTERS TO BE CODIFIED AS TUKWILA MUNICIPAL CODE CHAPTERS 7.10 AND 7.18 TO UPDATE ANIMAL CARE AND CONTROL REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City contracts with Regional Animal Services of King County to provide animal control services and desires to clarify the parties' roles and responsibilities; and WHEREAS, the City Council also desires to update the City's animal control regulations to resolve inconsistencies between the King County Code, adopted in large part by reference, and the City's current regulations, and also to clarify other requirements related to the keeping of animals in the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 232, 2351, 2306 and 2403 are hereby repealed in their entirety. Section 2. TMC Chapter 7.08 Reenacted. Tukwila Municipal Code (TMC) Chapter 7.08 is hereby reenacted to read as follows: CHAPTER 7.08 LIVESTOCK, SMALL ANIMALS AND FOWL Sections: 7.08.010 Chapter compliance required 7.08.020 Livestock defined W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs Page 1 of 52 81 7.08.030 Small animals and fowl defined 7.08.040 Animals kept as pets 7.08.050 Roosters prohibited 7.08.060 Enclosure construction 7.08.070 Number of livestock allowed 7.08.080 Maintaining horses, cattle, sheep and goats within City limits 7.08.070 Maintaining swine within City limits 7.08.080 Minimum area for keeping animals 7.08.090 Number of animals per property area size 7.08.100 Distance from • . •• _ - • .: _ - any dwelling 7.08.110 One building per site for housing 7.08.120 Nuisance prohibited 7.08.130 Manure removal 7.08.140 Enforcement 7.08.150 Exemptions 7.08.010 Chapter compliance required It is unlawful for any person, persons, firm or corporation to keep or maintain livestock, small animals or fowl within the City limits, except as provided in this chapter and TMC Title 18. If there is a conflict between a provision of this chapter and a provision in TMC Title 18, the provision in TMC Title 18 shall control. 7.08.020 Livestock defined "Livestock," where used in this chapter, means and includes horses, mules, ponies, cattle, sheep, goats, llama, oxen and swine. "Large livestock," where used in this chapter, means and includes cattle, goats, llama, oxen and swine. "Small livestock," where used in this chapter, means and includes sheep and goats smaller than 24 inches at the shoulder and /or not more than 150 pounds in weight. 7.08.030 Small animals and fowl defined "Small animals and fowl," where used in this chapter means and includes rabbits, chinchillas, chickens, geese, ducks, turkeys, peafowl and pigeons. 7.08.040 Animals kept as pets Dogs, cats, guinea pigs, hamsters, ferrets, fish, parrots, parakeets and similar animals kept as household pets within a dwelling unit will not be subject to the limitations of this chapter. Dogs and cats are regulated by TMC Section 7.12. 7.08.050 Roosters prohibited The keeping of roosters within the City limits is prohibited. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs 82 Page 2 of 52 7.08.060 Enclosure construction All livestock, small animals and fowl shall be kept within an enclosure adequately built and maintained to prevent the livestock, small animals and fowl from breaking through, out, over or under the same. All pens, coops, hutches and housing of any kind used for the housing of livestock, small animals and fowl must be built to include siding or shakes or their equivalent, and must be painted or stained to appear presentable. piece or parcel of property shall be regulated by a duly appointed Code Enforcement Officer of the City. 7.08.080 Main All livestock, except swine, may be kept or maintained within the c 7.08.070 Maintaining swine within City limits Swine may be kept or maintained within the City limits provided they are kept within an enclosure as herein described, the outside limits of which shall be not less than 200 feet from the nearest residence. 7.08.080 Minimum area for keeping animals With the exception of chickens, no horses, mules, ponies, small livestock, small animals or fowl shall be kept on any property within the City limits where the parcel does not contain a minimum of 10,000 square feet of area. Chickens may be kept as an accessory to any legal use regardless of the area of the parcel. No large livestock shall be kept on any property within the City limits where the parcel does not contain a minimum of 43,560 square feet (one acre) of area. 7.08.090 Number of animals per property area size A. Small animals and fowl shall be permitted in numbers as follows: 1. Twelve rabbits, twelve chinchillas, twelve pigeons or any combination of rabbits, chinchillas or pigeons, not to exceed a total of twelve collectively, for 10,000 square feet of property. 2. The number of rabbits, chinchillas or pigeons may be increased by 1 /10th for each additional 1,000 square feet of property. W: Word Processing \Ordinances'Animal Care and Control strike -thru 12 -29 -14 AMS:bjs Page 3 of 52 83 3. Six geese, six ducks, six peafowls, six turkeys or any combination of geese, ducks or turkeys, not to exceed a total of six collectively for 10,000 square feet of property. 4. The number of geese, ducks, peafowls or turkeys may be increased 1 /10th for each additional 1,000 square feet of property. 5. One chicken per every 1,000 square feet of property. 6. At no time shall the total number of small animals or fowl exceed a total of twelve for each 10,000 square feet of property. B. Livestock shall be permitted in numbers as follows: 1. Not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above- mentioned animals shall be allowed on the same lot. 2. Two large livestock for each 43,560 square feet (one acre) of property. Additional large livestock requires an additional 43,560 square feet (one acre) of property. 3. Not more than 3 small animals livestock for each 10,000 square feet of property, but not more than a total of 6 of the above - mentioned animals shall be allowed on the same lot. 7.08.100 Distance from any dwelling Enclosures for the housing of small animals and fowl shall be built and located not less than 10 feet from any place of human habitation dwelling and property line. The roaming area for the small animals and fowl shall be fenced and located not less than 10 feet from any . e'. e - • -. - _ e • dwelling. 7.08.110 One building per site- parcel for housing Not more than one building for the housing of livestock, small animals or fowl shall be allowed in on any one building site parcel. 7.08.120 Nuisance prohibited No livestock, small animals or fowl shall be kept in such a manner that a condition resulting from same shall constitute a nuisance. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs 84 Page 4 of 52 7.08.130 Manure removal A. All enclosures, confinement areas, and/or open run areas shall be kept clean. Provision shall be made for the removal of animal waste and food waste so that the areas are kept free from infestation of insects, rodents or disease, as well as to prevent obnoxious or foul odors. Animal waste shall be properly disposed of and any accumulated animal waste must not be stored within the parcel setback area. Any storage of animal waste must not constitute a nuisance. B. Manure shall not be allowed to collect in any place where it can prejudicially affect any source of drinking water. C. Manure, when used as a fertilizer, must be plowed or spaded under within 24 hours after application. 7.08.140 Enforcement Code Enforcement Officers for the City or any law enforcement officer shall be authorized to enforce this chapter, unless otherwise provided. 7.08.150 Exemptions A Residents may keep all animals legally owned and kept prior to the effective date of this ordinance, provided they do not constitute a nuisance. B. Any person, persons, firm or corporation who discontinues the keeping or reduces the number of livestock, small animals or fowl for a period of more than 90 days, or who sells or transfers his property, shall then become subject to all the provisions of this chapter. Section 3. Regulations Established. TMC Chapter 7.10, "Exotic Animals," is hereby established to read as follows: CHAPTER 7.10 EXOTIC ANIMALS Sections: 7.10.010 Chapter intent — authority 7.10.020 Definitions 7.10.030 Possession unlawful — exception — rules and regulations compliance 7.10.040 License — issuance generally — fees 7.10.050 License — application - content 7.10.060 License — issuance — inspection 7.10.070 Periodic inspection of premises 7.10.080 License revocation — notice — hearing W: Word Processing \OrdinanceslAnimal Care and Control strike-thru 12-29-14 AMS:bjs Page 5 of 52 85 7.10.090 Violation — penalty 7.10.100 Euthanasia in exigent circumstances 7.10.110 Chapter limitations 7.10.010 Chapter intent — authority It is the intent of the Tukwila City Council to limit and set conditions on the possession or maintenance of exotic animals in order to preserve the public peace and safety and to ensure the humane treatment of exotic animals. The animal care and control authority is hereby authorized to administer the licensing and enforcement provisions of this chapter in the City of Tukwila as provided in the sections below and by separate agreement with the City. City of Tukwila law enforcement officers shall be authorized to carry out enforcement duties of this chapter. 7.10.020 Definitions The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. 1. "Animal care and control authority" means the King County Regional Animal Services Section in the King County Records and Licensing Services Division, acting alone or in concert with other municipalities for enforcement of the animal care and control laws of the county and state and the shelter and welfare of animals. 2. "Director" means director of the King County Department of Executive Services. 3. "Exotic animal" means any of the following: a. Venomous species of snakes capable of inflicting serious physical harm or death to human beings; b. Non-human primates and prosimians; c. Bears; d. Non-domesticated or non-domesticated-domesticated hybrid species of felines; e. Non-domesticated species of canines and their hybrids, including wolf and coyote hybrids; and f. The order Crocodylia, including alligators, crocodiles, caimans and gavials. W: Word Processing \Ordinances \Animal Care and Control strike-thru 12-29-14 AMS:lojs 86 Page 6 of 52 7.10.030 Possession unlawful — exception — rules and regulations compliance The possession or maintenance of an exotic animal within the City of Tukwila by private citizens as pets is prohibited unless the owner possessed or maintained the exotic animal on or before June 10, 1994, and agrees to promptly act to satisfy the licensing requirements in TMC Sections 7.10.040 through 7.10.090 and such rules and regulations as the animal care and control authority may adopt as provided in King County Code Chapter 2.98 regarding the maintenance of the animals or as adopted by the City of Tukwila in the Tukwila Municipal Code. 7.10.040 License — issuance generally — fees A. The animal care and control authority may cause to be issued an exotic animal owner's license that shall authorize the licensee to possess or maintain all or some of such species of exotic animals as specified according to TMC Section 7.10.030 if the application is accompanied by payment of the license fee, contains the information required by TMC Section 7.10.050 and meets the cage or confinement rules and regulations of the animal care and control authority. B. The fee for the license shall be as provided for in TMC Section 7.12.035. All licenses shall expire one year from the original application. 7.10.050 License — application — content A verified application for an exotic animal owner's license made in triplicate shall be filed by the applicant with the animal care and control authority. The application shall contain the following: 1. A legal or otherwise adequately precise description of the premises that the applicant desires to use under the required license; 2. Whether the applicant owns or rents the premises to be used; 3. If the applicant rents the premises, a written acknowledgment by the property owner that the applicant has the owner's permission to carry on the activity as described in the license application for the duration of the license; 4. The extent of improvement upon the premises; 5. A map or diagram of the premises showing where the improvements are located thereon; 6. A statement indicating the species of exotic animal that the applicant desires to possess or maintain; W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs Page 7 of 52 87 7. A statement indicating how the animal will be caged or otherwise confined, accompanied with a drawing detailing the dimensions of and the materials used for the cage or similar confinement; and 8. Such further information as may be required by rules and regulations of the animal care and control authority. 7.10.060 License — issuance — inspection If, after investigation by the manager of the Regional Animal Services Section, it appears that the applicant is the owner or tenant of or has a possessory interest in the property shown in the application; if applicable, has the written permission of the property owner as specified in TMC Section 7.10.050 and that the applicant intends in good faith to possess or maintain an exotic animal in accordance with the law and the rules and regulations of the Regional Animal Services Section, the Regional Animal Services Section shall issue a license to the applicant describing therein the premises to be used by the licensee and certifying that the licensee is lawfully entitled to use the same for the possession or maintenance of the exotic animal or animals specified in the license. However, before issuing the license, the Regional Animal Services Section shall inspect the cage or other confinement as required by rule or regulation and specified in the licensee's application in order to determine whether the cage or confinement meets the standard specifications for the classification of the exotic animal. If the cage or confinement is deemed inadequate, the applicant shall make such changes as are necessary to meet the standard specifications before the license shall be issued. 7.10.070 Periodic inspection of premises Any City law enforcement officer or animal care control officers may make routine periodic inspections of a licensee's premises and records in order to determine the number, kind, weight and condition of exotic animals possessed by the licensee, and for purposes of enforcing this chapter and the rules and regulations of the Regional Animal Services Section. 7.10.080 License revocation — notice — hearing The animal care and control authority may revoke, suspend or refuse to renew any exotic animal owner's license upon good cause for failure to comply with any provision of this chapter or the rules and regulations of the animal care and control authority authorized by this chapter, though the violator shall be first notified of the specific violation or violations and, if the violation can be remedied, the violator shall have 15 days after receiving the notice of violation to correct the violation. Also, enforcement of such revocation, suspension or refusal shall be stayed during the pendency of an appeal filed in the manner provided by King County Code Section 11.04.270. W: Word Processing \Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs 88 Page 8 of 52 7.10.090 Violation — penalty Any person possessing or maintaining an exotic animal in the City without an exotic animal owner's license as provided herein, or transferring possession of an exotic animal to a person not licensed as provided by this chapter, is guilty of a misdemeanor and is subject to a fine not to exceed $250 and /or by imprisonment not to exceed 90 days. 7.10.100 Euthanasia in exigent circumstances An exotic animal possessed or maintained in violation of this chapter or the rules and regulations of the animal care and control authority may be subject to euthanasia as defined in King County Code Section 11.04.020.F if any one of the following exigent circumstances is deemed to exist by the manager of the animal care and control authority section: 1. The exotic animal presents an imminent likelihood of serious physical harm to the public and there is no other reasonably available means of abatement; 2. There is no reasonable basis to believe that the violation can be or in good faith will be corrected and after reasonable search or inquiry by the animal care and control authority no facility as authorized by local, state or federal law is available to house the exotic animal; or 3. The exotic animal suffers from a communicable disease injurious to other animals or human beings, though this subsection shall not apply if the animal is under treatment by a licensed veterinarian and may reasonably be expected to recover without infecting other animals or human beings. 7.10.110 Chapter limitations A. The purpose of this chapter is to prohibit the private ownership of exotic animals as pets. Therefore, the provisions of this chapter shall not apply to any facility possessing or maintaining exotic animals as defined in this chapter that is owned, operated or maintained by any city, county, state or the federal government, including but not limited to public zoos, nor shall it apply to museums, laboratories and research facilities maintained by scientific or educational institutions, nor to private or commercial activities such as circuses, fairs, or private zoological parks that are otherwise regulated by law, nor to any recognized program engaged in the training of exotic animals as defined in this chapter for use as service animals by disabled citizens. B. Breeding or allowing the reproduction of exotic animals as defined in this chapter is prohibited, provided that this prohibition shall not apply to any governmental facility possessing or maintaining exotic animals, nor shall it apply to private or commercial activities as set forth in subparagraph 7.10.110.A. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs Page 9 of 52 89 Section 4. TMC Chapter 7.12 Reenacted. Tukwila Municipal Code (TMC) Chapter 7.12 is hereby reenacted to read as follows: CHAPTER 7.12 ANIMAL CARE AND CONTROL REGULATIONS Sections: I. GENERAL PROVISIONS 7.12.010 Purpose and scope — authority — conflicts 7.12.020 Definitions II. LICENSING 7.12.030 Pet licenses — required — issuance — penalty — fee use — improper checks — exceptions 7.12.033 Animal shelter, kennel, grooming service, cattery and pet shop — general licenses — requirements 7.12.035 License fees and penalties. 7.12.050 Animal shelter, cattery, pet shop, grooming service and kennel license — information required 7.12.060 Hobby kennel or hobby cattery licenses — required — limitations — requirements — issuance and maintenance — special hobby kennel license 7.12.070 Animal shelters, kennels, hobby kennels, catteries, hobby catteries or pet shops — reporting required 7.12.080 Animal shelters, kennels, catteries, grooming service or pet shops — inspections — unsanitary conditions unlawful 7.12.090 Animal shelters, kennels, grooming services, catteries and pet shops — conditions 7.12.100 Animal shelters, kennels, catteries, grooming services and pet shops — indoor facilities 7.12.110 Animal shelters, kennels, catteries and pet shops — outdoor facilities 7.12.130 Grooming parlors — conditions 7.12.140 Animal shelters, hobby kennels, kennels, pet shops, grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners — additional conditions 7.12.150 Licenses, registration — revocation, suspension or refusal to renew 7.12.160 Licenses, registration — revocation or refusal waiting period 7.12.165 Individual private animal placement permit — required — qualifications — limitations — inspection, denial and revocation 7.12.167 Organizational private animal placement permit — required — qualifications — limitations — inspection, denial and revocation W: Word Processing\Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs 90 Page 10 of 52 III. ENFORCEMENT, PENALTIES AND PROCEDURES 7.12.170 Enforcement power 7.12.180 Violations — deemed nuisance — abatement 7.12.190 Violations - misdemeanor - penalty 7.12.200 Violations — civil penalty 7.12.210 Impounding 7.12.220 Additional enforcement 7.12.225 Additional enforcement — cruelty to animals 7.12.230 Nuisances defined 7.12.235 Transfer of unaltered dogs and cats prohibited 7.12.240 Unlawful acts against police department dogs — penalty for violation 7.12.250 Violations - unlawful acts — cruelty to animals — database 7.12.260 Violations — notice and order 7.12.270 Appeals 7.12.280 Redemption procedures 7.12.290 Vicious animals — corrective action 7.12.300 Civil penalty and abatement costs — liability of owner 7.12.310 Costs of enforcement action 7.12.330 Additional rules and regulations 7.12.335 Waiver of fees and penalties 7.12.345 Private animal placement permit — citizen complaint process IV. MANDATORY SPAY AND NEUTER PROGRAM 7.12.400 Mandatory spaying and neutering V. OTHER PROVISIONS 7.12.510 7.12.520 7.12.525 7.12.530 7.12.540 Unaltered dogs and cats — advertising requirements Rabies vaccination required Rabies control Exemptions from chapter Unauthorized release of animals from confinement I. GENERAL PROVISIONS 7.12.010 Purpose and scope — authority — conflicts A. It is declared the public policy of the City of Tukwila to secure and maintain such levels of animal care and control as will protect animal and human health and safety, and to the greatest degree practicable to prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of caring for animals, licensing dogs, cats, hobby catteries, hobby kennels and related facilities and controlling errant animal behavior so that it shall not become a public nuisance and to prevent cruelty to animals. W: Word Processing \Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs Page 11 of 52 91 B. The animal care and control authority is hereby authorized to administer the licensing and enforcement provisions of this chapter in the City of Tukwila as provided in the sections below and by separate agreement with the City. City of Tukwila law enforcement officers shall be authorized to carry out enforcement duties of this chapter. C. If there is a conflict between a provision of this chapter and a provision in TMC Title 18, the provision in TMC Title 18 shall control. 7.12.020 Definitions In construing this chapter, except where otherwise plainly declared or clearly apparent from the context, words shall be given their common and ordinary meaning. In addition, the following definitions apply to this chapter: 1. "Abate" means to terminate any violation by reasonable and lawful means determined by the manager of the Regional Animal Services Section in order that an owner or a person presumed to be the owner shall comply with this chapter. 2. "Altered" means spayed or neutered. 3. "Animal" means any living creature except Homo sapiens, insects and worms. 4. "Animal care and control authority" means the King County regional animal services section of the King County Records and Licensing Services Division, acting alone or in concert with other municipalities for enforcement of the animal care and control laws of the City, county and state and the shelter and welfare of animals. 5. "Animal care and control officer" means any individual employed, contracted or appointed by the King County animal care and control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the care and licensing of animals, control of animals or seizure and impoundment of animals, and includes City of Tukwila police officers and any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments that involve the seizure and taking into custody of any animal. 6. "Cattery" means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including a pet shop. An adult cat is one of either sex, altered or unaltered, that is at least six months old. 7. "Domesticated animal" means a domestic beast, such as any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic. W: Word Processing \Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs 92 Page 12 of 52 8. "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that causes painless loss of consciousness and death during the loss of consciousness. 9. "Fostering" means obtaining unwanted dogs or cats and locating adoptive homes for those licensed and spayed or neutered dogs or cats. 10. "Grooming service" means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing either their aesthetic value or health, or both, and for which a fee is charged. 11. "Harbored, kept or maintained" means performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such a manner as to control the animal's actions, or that the animal or animals are treated as living at one's house by the homeowner. 12. "Hobby cattery" means a non-commercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species. However, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed in TMC Title 18. 13. "Hobby kennel" means a non-commercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for any combination of hunting, training and exhibition for organized shows, for field, working or obedience trials or for the enjoyment of the species. However, a combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed in TMC Title 18. 14. "Juvenile" means any dog or cat, altered or unaltered, that is under six months old. 15. "Kennel" means a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care, whether or not for compensation, but not including a pet shop. An adult dog is one of either sex, altered or unaltered, that is at least six months old. 16. "Livestock" has the same meaning as in TMC Section 7.08.020. 17. "Owner" means any person having an interest in or right of possession to an animal. "Owner" also means any person having control, custody or possession of any animal, or by reason of the animal being seen residing consistently at a location, to an extent such that the person could be presumed to be the owner. W: Word Processing \Ordinances \Animal Care and Control strike-thru 12-29-14 AMS:bjs Page 13 of 52 93 18. "Pack" means a group of two or more animals running upon either public or private property not that of its owner in a state in which either its control or ownership is in doubt or cannot readily be ascertained and when the animals are not restrained or controlled. 19. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity. 20. "Pet" means a dog or a cat or any other animal required to be licensed by this chapter. "Dog," "cat" and "pet" may be used interchangeably. 21. "Pet shop" means any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells or rents, or offers to sell or rent, the live animals to the public or to retail outlets. 22. "Private animal placement permit" means a permit or permits issued to qualified persons engaged in fostering dogs and cats, to allow them to possess more dogs and cats than is otherwise specified in TMC Title 18. 23. "Running at large" means to be off the premises of the owner and not under the control of the owner, or competent person authorized by the owner, either by leash, verbal voice or signal control. 24. "Service animal" means any animal that is trained or being trained to aid a person who is blind, hearing impaired or otherwise disabled and is used for that purpose and is registered with a recognized service animal organization. 25. "Shelter" means a facility that is used to house or contain stray, homeless, abandoned or unwanted animals and that is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organization or person devoted to the welfare, protection and humane treatment of animals. 26. "Signal control" means a battery-powered collar that uses a remote control to send electric stimulation to control a dog's behavior. 2627. "Special hobby kennel license" means a license issued under certain conditions to pet owners, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of the animals reduces the number they possess to the legal limit in TMC Title 18. 2728. "Under control" means the animal is either under competent voice control or competent signal control, or both, so as to be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. W: Word Processing\Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs 94 Page 14 of 52 2829. "Vicious" means having performed the act of, or having the propensity to do any act, endangering the safety of any person, animal or property of another, including, but not limited to, biting a human being or attacking a human being or domesticated animal without provocation. II. LICENSING 7.12.030 Pet licenses — required — issuance — penalty — fee use — improper checks — exceptions A. All dogs and cats eight weeks old and older that are harbored, kept or maintained in the City shall be licensed and registered. Licenses shall be renewed on or before the date of expiration. B. Upon application and the payment of a license fee made payable to the King County Treasury according to the schedule provided in TMC Section 7.12.035, a pet license shall be issued by the Regional Animal Services Section and may be issued by shelters, veterinarians, pet shops, catteries and kennels and other approved locations, under contract with the King County Regional Animal Services Section. 1. Pet licenses for dogs and cats shall be valid for a term of one year from issuance, expiring on the last day of the twelfth month. There is no proration of any license fees. Renewal licenses shall retain the original expiration period whether renewed before, on or after their respective renewal months. 2. Juvenile licenses may be obtained in lieu of an unaltered pet license for pets from eight weeks to six months old. 3. King County residents 65 years old or older may purchase a discounted pet license for their cats or dogs that are neutered or spayed and that are maintained at the registered owner's registered address. Residents 65 years old or older who have previously obtained a special permanent license for their cats or dogs shall not be required to purchase a new license for the permanently licensed animals. 4. Disabled residents that meet the eligibility requirements of the Metro Regional Reduced Fare Permit Program authorized in King County Code Chapter 28.94 may purchase a discounted pet license for their cats or dogs that are neutered or spayed and that are maintained at the registered owner's registered address. 5. Applications for a pet license shall be on forms provided by the Regional Animal Services Section. 6. License tags shall be worn by dogs at all times. As an alternative to a license tag, a dog or cat may be identified as licensed by being tattooed on its right ear or on its inside right thigh or groin with a license number approved or issued by the Regional Animal Services Section. W: Word Processing \Ordinances \Animal Care and Control strike-thru 12-29-14 AMS:bjs Page 15 of 52 95 7. Owners of dogs or cats who hold valid licenses from other jurisdictions and who move into the City may transfer the license by paying a transfer fee. The license shall maintain the original license's expiration date. 8. It is a violation of this chapter for any person to sell or transfer ownership of any pet without a pet license. The Regional Animal Services Section shall be notified of the name, address and telephone number of the new owner by the person who sold or transferred the pet. 9. An applicant may be denied the issuance or renewal of a pet license if the applicant was previously found in violation of the animal cruelty provisions of King County Code Section 11.04.250, TMC Section 7.12.250 or convicted of animal cruelty under RCW 16.52.205 or 16.52.207. a. An applicant may be denied the issuance or renewal of a pet license for up to: (1) four years, if found in violation of the animal cruelty provisions of King County Code Section 11.04.250, TMC Section 7.12.250 or convicted of a misdemeanor under RCW 16.52.207; or (2) indefinitely, if convicted of a felony under RCW 16.52.205. b. Any applicant who is either the subject of a notice and order under King County Code Section 11.04.250, TMC Section 7.12.250 or charged with animal cruelty under RCW 16.52.205 or 16.52.207, may have the issuance or renewal of their pet license denied pending the final result of either the notice and order or charge. 10. The denial of the issuance or renewal of a pet license is subject to appeal, in accordance with TMC Section 7.12.270. 11. Cat or dog owners are subject to a penalty according to the schedule in TMC Section 7.12.035 for failure to comply with the licensing requirement in TMC Section 7.12.030(A). C. A late fee shall be charged on all pet license applications, according to the schedule provided in TMC Section 7.12.035. D. All fees and fines collected under this chapter shall be deposited in the King County general fund to be applied solely to regional animal services. The Records and Licensing Services Division is authorized to accept credit and bank card payments for fees and penalties imposed under this title, in accordance with King County Code Chapter 4.100. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs 96 Page 16 of 52 E. It is a violation of this chapter for any person to knowingly issue a check for which funds are insufficient or to stop payment on any check written in payment of fees in this chapter. Any license or penalty paid for with those types of checks are, in the case of the license, invalid; and in the case of the penalty, still outstanding. Costs incurred by the City and /or county in collecting checks of this nature shall be considered a cost of abatement and are personal obligations of the animal owner under TMC Section 7.12.300. F. With the exception of TMC Section 7.12.030(G), this section shall not apply to dogs or cats in the custody of a veterinarian or shelter or whose owners are non- residents temporarily within the county for a period not exceeding 30 days. G. Veterinarians and shelters that sell or give away a dog or cat without a license shall make license application materials available to the new pet owner and shall provide the Regional Animal Services Section monthly with the list of information required by TMC Section 7.12.070 for any dogs and cats given away or sold. 7.12.033 Animal shelter, kennel, grooming service, cattery and pet shop — general licenses — requirements All hobby kennels and hobby catteries must be licensed by the Regional Animal Services Section. Licenses shall be valid for one year from the date of application. Fees shall be assessed as provided in TMC Section 7.12.035. There is no proration of the license fee. Renewal licenses shall retain the original expiration date whether renewed on or after their respective renewal month. Issuance of a license under this section shall not excuse any requirement to obtain a private animal placement permit. 7.12.035 License fees and penalties Except for fees and penalties as explicitly provided in this Title 7 of the Tukwila Municipal Code, the City hereby adopts by reference the animal license and registration fees, business and activity permit fees, civil penalties, and service fees as adopted by King County and codified in King County Code Chapter 11.04, as it now reads and as hereafter amended. 7.12.050 Animal shelter cattery, pet shop, grooming service and kennel license — information required Shelters, catteries, pet shops, grooming services and kennels shall comply with the licensing requirements of the Seattle -King County Department of Public Health. Subject to applicable restrictions in TMC Title 18, the facilities may board animals as authorized by their Seattle -King County Department of Public Health license. W: Word Processing\OrdinancesWnimal Care and Control strike -thru 12 -29 -14 AMS:bjs Page 17 of 52 97 7.12.060 Hobby kennel or hobby cattery licenses — required — limitations — requirements — issuance and maintenance — special hobby kennel license A. It is unlawful for any person to keep and maintain any hobby kennel or hobby cattery without a valid and subsisting license therefor. The fee for such an annual license shall be assessed upon the owner or keeper of the animals and shall be as provided in TMC Section 7.12.035. In addition, each animal that is maintained at a hobby kennel or hobby cattery shall be licensed individually under TMC Section 7.12.030.B. B. Any hobby kennel or hobby cattery license shall limit the total number of adult dogs and cats kept by the hobby kennel or hobby cattery based on: 1. Animal size. 2. Type and characteristics of the breed. 3. The amount of lot area, though the maximum number shall not exceed: a. 25 where the lot area contains 5 acres or more; b. 10 where the lot area contains 35,000 square feet but less than 5 acres; and c. 5 where the lot area is less than 35,000 square feet. 4. The facility specifications and dimensions in which the dogs and cats are to be maintained. 5. The zoning classification in which the hobby kennel or hobby cattery would be maintained. C. The following are requirements for hobby kennels and hobby catteries: 1. All open run areas shall be completely surrounded by a 6 -foot fence set back at least 20 feet from all property lines, though this requirement may be modified for hobby catteries as long as the open run area contains the cats and prohibits the entrance of children. For purposes of this section, "open run area" means that area, within the property lines of the premises on which the hobby kennel or hobby cattery is to be maintained, where the dogs and cats are sheltered or maintained. If there is no area set aside for sheltering or maintaining the dogs within the property lines of the premises, the 20 -foot setback does not apply. The property lines of premises not containing an open run area must be completely surrounded by a 6 -foot fence. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs 98 Page 18 of 52 2. No commercial signs or other appearances advertising the hobby kennel or hobby cattery are permitted on the property except for the sale of the allowable offspring set forth in this section. 3. The manager of the Regional Animal Services Section or the City may require setback, additional setback, fencing, screening or soundproofing as the manager or City deems necessary to ensure the compatibility of the hobby kennel or hobby cattery with the surrounding neighborhood. Factors to be considered in determining the compatibility are: a. Statements regarding approval or disapproval of surrounding neighbors relative to maintenance of a hobby kennel or hobby cattery at the address applied for. b. History of verified animal care and control complaints relating to the dogs and cats of the applicant at the address for which the hobby kennel or hobby cattery is applied for. c. Facility specifications or dimensions in which the dogs and cats are to be maintained. d. Animal size, type and characteristics of breed. e. The zoning classification of the premises on which the hobby kennel or hobby cattery is maintained. 4. The hobby kennel or hobby cattery shall limit dog and cat reproduction to no more than one litter per license year per female dog and two litters per license year per female cat. 5. Each dog and cat in the hobby kennel or hobby cattery shall have current and proper immunization from disease according to the dog's and cat's species and age. The immunizations shall consist of distemper, hepatitis, leptospirosis, parainfluenza and parvo virus (DHLPP) inoculation for dogs over three months old and feline herpesvirus 1, calicivirus and panleukopenia virus (FVRCP) inoculation for cats over two months old and rabies inoculations for all dogs and cats over four months old. D. A hobby kennel or hobby cattery license may be issued only when the manager of the Regional Animal Services Section is satisfied that the requirements of TMC Section 7.12.060.C.1 through 5 have been met. The license may be terminated if the number of dogs and cats exceeds the number allowed by the Regional Animal Services Section or if the facility fails to comply with any of the requirements of TMC Section 7.12.060.C.1 through 5. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs Page 19 of 52 99 E. Special Hobby Kennel License. 1. Persons owning a total number of dogs and cats exceeding three, who do not meet the requirements for a hobby kennel license, may be eligible for a special hobby kennel license to be issued at no cost by the Regional Animal Services Section, which shall allow them to retain the specific animals then in their possession, but only if the following conditions are met: a. the applicant must apply for the special hobby kennel license and individual licenses for each dog and cat by July 6, 1992, or at the time they are contacted by an animal care and control officer, King County license inspector or King County pet license canvasser; and b. the applicant is keeping the dogs and cats for the enjoyment of the species, and not as a commercial enterprise. 2. The special hobby kennel license shall only be valid for those specific dogs and cats in the possession of the applicant at the time of issuance, and is intended to allow pet owners to possess animals beyond the limits otherwise imposed by TMC Title 18 until such a time as the death or transfer of the animals reduces the number possessed to the legal limit set forth in TMC Title 18. 3. The manager of the Regional Animal Services Section may deny any application for a special hobby kennel license: a, based on past animal care and control code violations by the applicant's dogs and cats or verified complaints from neighbors regarding the applicant's dogs and cats; or b. if the animal or animals are maintained in inhumane conditions. 7.12.070 Animal shelters, kennels, hobby kennels, catteries, hobby catteries or pet shops — reporting required Each animal shelter, kennel, hobby kennel, cattery, hobby cattery or pet shop shall provide the Regional Animal Services Section with a monthly list of all dogs and cats that it has given away or sold. The list shall include the origin, age, sex, color, breed, altered status and, if applicable, microchip number and license number of each dog or cat given away or sold and the new owner's name, address and, if available, email address and telephone number. W: Word Processing\Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs 100 Page 20 of 52 7.12.080 Animal shelters, kennels, catteries, grooming service or pet shops — inspections — unsanitary conditions unlawful A. It shall be the duty of the director of the Seattle-King County Department of Public Health or the director's agent or the manager of the Regional Animal Services Section or the manager's agent to make or cause to be made such an inspection as may be necessary to determine compliance with TMC Sections 7.12.090, 7.12.100 and 7.12.110. The owner or keeper of an animal shelter, kennel, cattery, grooming service or pet shop shall admit to the premises, for the purpose of making an inspection, any officer, agent or employee of the Seattle-King County Department of Public Health or animal care and control authority at any reasonable time that admission is requested. B. It is unlawful to keep, use or maintain within the City any animal shelter, kennel, cattery, grooming service or pet shop that is unsanitary, nauseous, foul or offensive, or in any way detrimental to public health or safety and not in compliance with TMC Sections 7.12.070, 7.12.090, 7.12.100 or 7.12.110. 7.12.090 Animal shelters, kennels, grooming services, catteries and pet shops — conditions Animal shelters, kennels, catteries, grooming services and pet shops shall meet the following conditions: 1. Housing facilities shall be provided the animals and such shall be structurally sound and shall be maintained in good repair, shall be designed so as to protect the animals from injury, shall contain the animals, and shall restrict the entrance of other animals. 2. Electric power shall be supplied in conformance with city, county, and state electrical codes adequate to supply lighting and heating as may be required by this chapter. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and primary enclosures of debris and excreta. 3. Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infestation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods. 4. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be maintained in a sanitary condition, free from the infestation or contamination of insects or rodents or disease, and from obnoxious or foul odors. 5. Washroom facilities, including sinks and toilets, with hot and cold water, must be conveniently available for cleaning purposes, and a large sink or tub provided for the purpose of washing utensils, equipment and facilities. W: Word Processing\Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs Page 21 of 52 101 6. Sick animals shall be separated from those appearing healthy and normal and, if for sale, shall be removed from display and sale. Sick animals shall be kept in isolation quarters with adequate ventilation to keep from contaminating well animals. 7. There shall be an employee on duty at all times during hours any store is open whose responsibility shall be the care and welfare of the animals in that shop or department held for sale or display. 8. An employee or owner shall come in to feed, water and do the necessary cleaning of animals and birds on days the store or shop is closed. 9. No person, persons, association, firm or corporation shall knowingly sell a sick or injured animal or bird. 10. No person, persons, association, firm or corporation shall misrepresent an animal or bird to a consumer in any way. 7.12.100 Animal shelters, kennels, catteries, grooming services and pet shops — indoor facilities Animal shelters, kennels and pet shops which have indoor housing facilities for animals and birds shall: 1. Be sufficiently heated or cooled to protect such animals from temperatures to which they are not normally acclimatized. 2. Be adequately ventilated to provide for the health of animals contained therein and to assist in the removal of foul and obnoxious odors. Provision shall be made so that the volume of air within any enclosed indoor facility shall be changed three times or more each hour. This may be accomplished through the location and periodic opening of doors and windows. If fans or ventilating equipment are used, they shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts. 3. Have sufficient natural or artificial lighting to permit routine inspection and cleaning at any time of day. In addition, sufficient natural or artificial lighting shall be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers. 4. Have interior wall and ceiling surfaces constructed of materials that are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint, when such materials are not originally resistant to moisture or odors. Floor surfaces shall not be made of unsealed wood. In addition, interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumulation of moisture or debris. W: Word Processing \Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs 102 Page 22 of 52 5. Contain a drainage system which shall be connected to a sanitary sewer or septic tank system that conforms to the standards of building codes in force within the City and shall be designed to rapidly remove water and excreta in the cleaning of such indoor housing facility under any condition of weather or temperature; provided, this requirement shall not apply to hobby kennels and pet shops. All indoor housing facilities for animals, fish, or birds shall be maintained in a clean and sanitary condition and a safe and effective disinfectant shall be used in the cleaning of such facilities. 7.12.110 Animal shelters, kennels, catteries and pet shops — outdoor facilities Animal shelters, kennels, catteries and pet shops which have outdoor facilities for animals and birds shall: 1. Be constructed to provide shelter from excessive sunlight, rain, snow, wind, or other elements. In addition, such facilities shall be constructed to provide sufficient space for the proper exercise and movement of each animal contained therein. 2. Be constructed to provide drainage and to prevent the accumulation of water, mud, debris, excreta, or other materials and shall be designed to facilitate the removal of animal and food wastes. 3. Be constructed with adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals. 7.12.130 Grooming parlors — conditions Grooming parlors shall: 1. Not board animals but keep only dogs and cats for a reasonable time in order to perform the business of grooming. 2. Provide such restraining straps for the dog or cat while it is being groomed so that such animal shall neither fall nor be hanged. 3. Sterilize all equipment after each dog or cat has been groomed. 4. Not leave animals unattended before a dryer. 5. Not prescribe treatment or medicine that is the province of a licensed veterinarian as provided in RCW 18.92.010. 6. Not put more than one animal in each cage. 7. All floors and walls in rooms, pens and cages used to retain animals or in areas where animals are clipped, groomed or treated must be constructed of water impervious material that can readily be cleaned, and must be maintained in good repair. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs Page 23 of 52 103 8. Hot and cold water must be conveniently available and a large sink or tub provided (minimum size 24 inches by 18 inches by 12 inches). 9. Toilet and hand-washing facilities with hot and cold running water must be conveniently available for personnel employed. 10. Only equipment necessary to the operation of the licensed establishment shall be kept or stored on the premises and shall only be stored in a sanitary or orderly manner. 11. All cages, pens, or kennels used for holding animals shall be kept in a clean and sanitary condition and must be disinfected on a routine basis. 7.12.140 Animal shelters, hobby kennels, kennels, pet shops, grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners — additional conditions The manager of the Regional Animal Services Section is authorized to promulgate rules and regulations not in conflict with the Tukwila Municipal Code as they pertain to the conditions and operations of animal shelters, hobby kennels, kennels, hobby catteries, catteries, pet shops and grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners in the City of Tukwila. 7.12.150 Licenses, registration — revocation, suspension or refusal to renew The Regional Animal Services Section may, in addition to other penalties provided in this title, revoke, suspend or refuse to renew any hobby kennel, hobby cattery, guard dog purveyor, guard dog trainer license or guard dog registration upon good cause or for failure to comply with any provision of this title. Enforcement of such a revocation, suspension or refusal shall be stayed during the pendency of an appeal filed in accordance with TMC Section 7.12.260. 7.12.160 Licenses, registration — revocation or refusal waiting period If an applicant has had a license or registration revoked or a renewal refused, the applicant shall not be issued a hobby kennel license, hobby cattery license, guard dog purveyor license, guard dog trainer license or guard dog registration for one year after the revocation and refusal. W: Word Processing \Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs 104 Page 24 of 52 7.12.165 Individual private animal placement permit — required — qualifications — limitations — inspection, denial and revocation A. Any person independently engaged in the fostering of dogs and cats who routinely possesses more dogs and cats than are otherwise allowed in TMC Title 18 must obtain a private animal placement permit from the Regional Animal Services Section. Permits shall be valid for one year from issuance and may not be transferred. B. In order to qualify for a private animal placement permit, an applicant must: 1. Maintain and care for dogs and cats in a humane and sanitary fashion, in compliance with TMC Section 7.12.090. 2. Foster the dogs and cats at a location that is compatible with the surrounding neighborhood. 3. Agree to return stray or lost animals to their owners in accordance with TMC Section 7.12.210 before placing the animals in an adoptive home. 4. Agree to spay or neuter and license each dog or cat before placement into its new home and transfer the license of each animal to its adoptive owner. 5. Agree to coordinate their adoption process with the Regional Animal Services Section, including reporting on the disposition of each animal, and only adopting to owners who would qualify to adopt an animal from a King County animal care and control shelter based on the adoption procedures and guidelines used by the Regional Animal Services Section. C. Individuals or organizations holding a private animal placement permit shall be allowed to possess five foster animals above the limit that would normally apply to their property under TMC Title 18. D. Permit holders are required to locate an adoptive home for each dog or cat within six months of acquiring the dog or cat. If, after six months, an adoptive home has not been found for a dog or cat, the Regional Animal Services Section shall review the situation to determine if the permit holder is complying with the permit. If the manager of the Regional Animal Services Section ascertains that a good faith effort is being made to locate adoptive homes, a six-month extension may be granted. E. The presence of juvenile animals shall not necessarily place a permit holder over their limit unless the manager of the Regional Animal Services section determines that juvenile animals are present in such large numbers as to otherwise place the permit holder out of compliance with the permit. F. Holders of hobby kennel licenses shall be allowed to possess and foster five more animals than are allowed by the conditions of a hobby kennel permit. W: Word Processing \Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs Page 25 of 52 105 G. Regional Animal Services may inspect the facilities of an applicant for a private animal placement permit to determine whether or not such a permit shall be issued. In addition, Regional Animal Services may periodically inspect the facilities of holders of private animal placement permits to ensure compliance with this section. Regional Animal Services may also deny or revoke permits based on any one or more of the following: section; 1. A failure to meet the qualifications listed in subsections A through F of this 2. Verified animal care and control complaints; and 3. Verified complaints by neighbors regarding the failure to comply with private animal placement permit requirements. 7.12.167 Organizational private animal placement permit — required — qualifications — limitations — inspection, denial and revocation A. Any organization engaged in the fostering of dogs and cats whose members routinely or from time to time have in their possession up to five more dogs and cats than are otherwise allowed in TMC Title 18 must obtain private animal placement permits from the Regional Animal Services Section for each of those members. Organizations may purchase up to 5 permits, or up to 20 permits per year. However, the manager of the Regional Animal Services Section may issue more than 20 permits to an organization when to do so would further the goals of the Regional Animal Services Section and be in the public interest. Permits shall be valid for one year from issuance and may be transferred between members of the organization. B. In order to qualify to distribute private animal placement permits to its members an organization must: 1. Be of a reputable nature and engaged in the fostering of animals solely for the benefit of the animals involved, and not as a commercial enterprise; 2. Agree to furnish animal care and control with the names, addresses and phone numbers of each of the holders of its permits, including immediately furnishing this information when a transfer takes place; and 3. Agree that, to the best of their ability, they shall only distribute permits to individuals who shall comply with the requirements of TMC Section 7.12.165. W: Word Processing \Ordinances \Animal Care and Control strike-thru 12-29-14 AMS:bjs 106 Page 26 of 52 III. ENFORCEMENT, PENALTIES AND PROCEDURES 7.12.170 Enforcement power Any law enforcement officer, the manager of the Regional Animal Services Section and the animal care and control officers are authorized to take such lawful action as may be required to enforce this chapter and TMC Title 18, as they pertain to the keeping of animals, and the laws of the state of Washington as the laws pertain to animal cruelty, shelter, welfare and enforcement of control. 7.12.180 Violations — deemed nuisance — abatement All violations of this chapter are detrimental to the public health, safety and welfare and are public nuisances. All conditions that are determined after review by the manager of the Regional Animal Services Section to be in violation of this chapter shall be abated. 7.12.190 Violations — Misdemeanor — penalty Any person who allows an animal to be maintained in violation of this chapter is guilty of a misdemeanor. 7.12.200 Violations — civil penalty In addition to or as an alternative to any other penalty provided in this chapter or by law, any person whose animal is maintained in violation of this chapter shall incur a civil penalty in an amount not to exceed $1,000 per violation to be directly assessed by the manager of the animal care and control authority plus billable costs of the animal care and control authority. The manager, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the nature and type of violation, the gravity of the violation, the number of past and present violations committed and the good faith of the violator in attempting to achieve compliance with prescribed requirements or after notification of a violation. All civil penalties assessed shall be enforced and collected in accordance with the procedure specified in this chapter. 7.12.210 Impounding A. Any law enforcement officer, the manager of the Regional Animal Services Section and the manager's authorized representatives may apprehend any animals found doing any of the acts defined as a public nuisance or being subjected to cruel treatment as defined by law. After the animal is apprehended, the Regional Animal Services Section shall ascertain whether the animal is licensed or otherwise identifiable. If reasonably possible, the Regional Animal Services Section shall return the animal to the owner together with a notice of violation of this chapter. W: Word Processing \Ordinances \Animal Care and Control strike-thru 12-29-14 AMS:bjs Page 27 of 52 107 1. If it is not reasonably possible to immediately return a currently licensed animal to its owner, the Regional Animal Services Section shall notify the owner within a reasonable time by regular mail or telephone that the animal has been impounded and may be redeemed. Any currently licensed animal impounded in accordance with this chapter shall be held for the owner at least 120 hours after telephone contact by the impounding agency or for at least two weeks after posting of the notification of impoundment by regular mail. 2. Any other animal impounded in accordance with this chapter shall be held for its owner at least 72 hours from the time of impoundment. 3. Any animal suffering from serious injury or disease may be euthanized. 4. At the discretion of the impounding authority, any animal may be held for a longer period than otherwise specified in this section and redeemed by any person on payment of charges not exceeding those prescribed in this chapter. B. Any animal not redeemed shall be treated in one of the following ways: 1. Made available for adoption at the fee provided in TMC Section 7.12.035. a. As provided in TMC Section 7.12.400, all dogs and cats adopted from the King County animal shelter shall be spayed or neutered before adoption, except that, persons adopting a juvenile may elect not to spay or neuter the animal at the time of adoption if such persons purchase a juvenile license and pre-purchase an adult altered license, effective the month that the animal would become six months of age. Such persons shall also pay a spay or neuter deposit that shall be returned to the adopting person upon submission of proof that the sterilization was performed within six months from the adoption. Failure to spay or neuter such a dog or cat is a violation of this chapter and a breach of the adoption contract and shall result in the forfeiture of the adoption and return of the dog or cat to King County animal care and control for the required spaying or neutering. Persons adopting a juvenile dog or cat that is spayed or neutered may purchase an adult altered license at the time of adoption, effective for one year. b. The manager of the Regional Animal Services Section may adopt administrative rules regarding the adoption of animals from King County shelters; or 2. Transferred to another animal welfare organization for adoption; 3. Entered into foster care; or 4. Euthanized. C. The county shall not sell any animals for the purposes of medical research to any research institute or any other purchasers. W: Word Processing\Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs 108 Page 28 of 52 D. Any unaltered dog or cat impounded more than once shall be spayed or neutered pursuant to one of the following options: 1. By Regional Animal Services before the release of the dog or cat. If the dog or cat is spayed or neutered by the Regional Animal Services Section, the cost of the spay or neuter shall be charged to the owner upon redemption but shall be deducted from the impound and redemption fees otherwise required under this chapter. 2. At the request of the owner, after release of the dog or cat to the owner, but only if the owner agrees to pay a cash deposit of $250 and provides proof of neutering or spaying on a form provided by the Regional Animal Services Section. In order for the deposit to be refunded to the owner, the form must be certified by a licensed veterinarian within 10 days of release of the dog or cat to the owner. If proof of neutering or spaying is not provided within 10 days, Regional Animal Services may again impound the dog or cat to verify that it is spayed or neutered. If the animal is not spayed or neutered, the Regional Animal Services Section may spay or neuter the animal before it is released to the owner. 7.12.220 Additional enforcement Notwithstanding the existence or use of any other remedy, the City or the manager of the Regional Animal Services Section may seek legal or equitable relief to enjoin acts or practices and abate any conditions that constitute a violation of this chapter or other regulations adopted under this chapter. 7.12.225 Additional enforcement — cruelty to animals A. The manager of the animal care and control authority may prohibit a person who is issued a notice and order for violation of King County Code Section 11.04.250 or TMC Section 7.12.250, or who is either charged or convicted of animal cruelty under either RCW 16.52.205 or 16.52.207, from owning, harboring, keeping or maintaining any animal if the manager determines that the enforcement furthers the purposes of this chapter, in accordance with the following: A person may be prohibited from owning, harboring, keeping or maintaining any animal: 1. For up to four years, if the person is found in violation of the animal cruelty provisions of King County Code Section 11.04.250 or TMC Section 7.12.250 or convicted of a misdemeanor under RCW 16.52.207; 2. Indefinitely, if the person is convicted of a felony under RCW 16.52.205; or 3. Pending the final adjudication of either a notice and order issued under King County Code Section 11.04.250, TMC Section 7.12.250 or a charge under RCW 16.52.205 or 16.52.207. W: Word Processing\Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs Page 29 of 52 109 B. The director or authorized animal care and control officer may enforce this section through the notice and order process in King County Code Section 11.04.260 or TMC Section 7.12.260. A notice and order issued to enforce this section is subject to appeal, in accordance with King County Code Section 11.04.270 or TMC Section 7.12.270. 7.12.230 Nuisances defined For purposes of this chapter, nuisances are violations of this chapter and shall be defined as follows: (In the event of a conflict between this section and the provisions in TMC Chapter 7.16, "Dangerous Dogs," or TMC Chapter 7.20, 'Dogs at Large and Leashes," the provisions of TMC Chapters 7.16 and 7.20 shall apply.) 1. Any public nuisance relating to animal care and control known at common law or in equity jurisprudence. 2. Any domesticated animal, whether licensed or not, that runs at large in any park or enters any public beach, pond, fountain or stream or upon any public playground or school ground. However, this subsection shall not prohibit a person from walking or exercising an animal in a public park or on any public beach when the animal is on a leash, tether or chain not to exceed eight feet in length or signal control. Also, this subsection shall not apply to any person using a trained service animal, to animal shows, exhibitions or organized dog-training classes if at least 24 hours' advance notice has been given to the animal care and control authority by those persons requesting to hold the animal shows, exhibitions or organized dog-training classes. 3. Any domesticated animal that enters any place where food is stored, prepared, served or sold to the public, or any other public building or hall. However, this subsection shall not apply to any person using a trained service animal, to veterinary offices or hospitals or to animal shows, exhibitions or organized dog-training classes if at least 24 hours' advance notice has been given to the animal care and control authority by the persons requesting to hold the animal shows, exhibitions or organized dog-training classes. 4. Any female domesticated animal, whether licensed or not, while in heat and accessible to other animals for purposes other than controlled and planned breeding. 5. Any domesticated animal that chases, runs after or jumps at vehicles using the public streets and alleys. 6. Any domesticated animal that habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other public ways. W: Word Processing \Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs 110 Page 30 of 52 7. Any animal that has exhibited vicious propensities and constitutes a danger to the safety of persons or property off the animal's premises or lawfully on the animal's premises. However, in addition to other remedies and penalties, the provisions of this chapter relating to vicious animals shall apply. 8. Any vicious animal or animal with vicious propensities that runs at large at any time or is off the owner's premises not securely leashed on a line or confined and in the control of a person of suitable age and discretion to control or restrain the animal. However, in addition to other remedies and penalties, the provisions of this chapter relating to vicious animals shall apply. 9. Any domesticated animal that howls, yelps, whines, barks or makes other oral noises, in such a manner as to disturb any person or neighborhood to an unreasonable degree. 10. Any domesticated animal that enters upon a person's property without the permission of that person 11. Animals staked, tethered or kept on public property without prior written consent of the animal care and control authority. 12. Animals on any public property not under control by the owner or other competent person. 13. Animals harbored, kept or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian. 14. Animals running in packs. 7.12.235 Transfer of unaltered dogs and cats prohibited It is a violation of this chapter to sell or give away unaltered dogs and cats in any public places or to auction off or raffle unaltered dogs and cats as prizes or gifts. 7.12.240 Unlawful acts against police department dogs — penalty for violation A. No person shall willfully torment, torture, beat, kick, strike or harass any dog used by a police department for police work, or otherwise interfere with the use of any such dog for police work by said department or its officers or members. B. Any person who violates TMC Section 7.12.240.A shall be deemed guilty of a class C felony. In addition to the criminal penalty, the court may impose a civil penalty of up to $5,000 for harming a police dog. The court shall impose a civil penalty of at least $5,000 and may increase the penalty up to a maximum of $10,000 for killing a police dog. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs Page 31 of 52 111 7.12.250 Violations — unlawful acts — cruelty to animals — database A. It is unlawful for any person to: 1. Willfully and cruelly injure or kill any animal by any means causing it fright or pain. 2. By reason of neglect or intent to cause or allow any animal to endure pain, suffering or injury or to fail or neglect to aid or attempt alleviation of pain, suffering or injury the person has so caused to any animal. 3. Lay out or expose any kind of poison, or to leave exposed any poison food or drink for humans, animals or fowl, or any substance or fluid whatever whereon or wherein there is or shall be deposited or mingled, any kind of poison or deadly substance or fluid whatever, on any premises, or in any unenclosed place, or to aid or abet any person in so doing, unless in accordance with RCW 16.52.190. 4. Abandon any domesticated animal by dropping off or leaving the animal on the street, road or highway, in any other public place or on the private property of another. B. The Regional Animal Services Section shall keep a database containing the names of all persons who are either found in violation of King County Code Section 11.04.250, TMC Section 7.12.250 or charged or convicted of animal cruelty under either RCW 16.52.205 or 16.52.207. Further, the Regional Animal Services Section shall coordinate with law enforcement, when necessary, to keep this database current. 7.12.260 Violations — notice and order A. Whenever the manager of the Regional Animal Services Section or animal care and control officer has found an animal maintained in violation of this chapter, the manager of the Regional Animal Services Section shall commence proceedings to cause the abatement of each violation. B. The manager of the Regional Animal Services Section or animal care and control officer shall issue a notice of violation and an order directed to the owner or the person presumed to be the owner of the animal maintained in violation of this chapter. The notice and order shall contain: 1. The name and address if known of the owner or person presumed to be the owner of the animal in violation of this chapter. 2. The license number, if available, and description of the animal in violation sufficient for identification W: Word Processing \Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs 112 Page 32 of 52 3. A statement to the effect that the manager or animal care and control officer has found the animal maintained illegally with a brief and concise description of the conditions that caused the animal to be in violation of this chapter, including reference to the specific sections of code or statute violated and, where relevant, reference to the specific sections of code or statute authorizing removal of the animal. 4. A statement of the action required to be taken to abate the violation, as determined by the manager of the Regional Animal Services Section. a. If the manager has determined the animal in violation must be disposed of, the order shall require that the abatement be completed within a specified time from the order as determined by the manager to be reasonable. b. If the manager of the Regional Animal Services Section determined to assess a civil penalty, the order shall require that the penalty shall be paid within 14 days from the order. 5. Statements advising that if any required abatement is not commenced within the time specified, the manager of the Regional Animal Services Section shall proceed to cause abatement and charge the costs thereof against the owner. 6. Statements advising: a. that a person having a legal interest in the animal may appeal from the notice of violation and order or any action of the manager of the Regional Animal Services Section to the board of appeals, but only if the appeal is made in writing as provided by this chapter and filed with the manager of the Regional Animal Services Section within 14 days from the service of the notice of violation and order; and b. that failure to appeal constitutes a waiver of all right to an administrative hearing and determination of the matter. C. The notice and order shall be served on the owner or presumed owner of the animal in violation. D. Service of the notice of violation and order shall be made upon all persons entitled thereto: 1. Personally; 2. By mailing a copy of the notice of violation and order by certified mail, postage prepaid, return receipt requested, to the person at the person's last known address; or 3. By posting the notice of violation and order on the front door of the living unit of the owner or person with right to control the animal if the owner or person is not home. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs Page 33 of 52 113 E. Proof of service of the notice of violation and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the time, date and manner in which service was made. 7.12.270 Appeals A. The King County Board of Appeals, as established by Article 7 of the King County Charter, is designated to hear appeals by parties aggrieved by actions of the manager of the Regional Animal Services Section under this chapter. The Board may adopt reasonable rules or regulations for conducting its business. Copies of all rules and regulations adopted by the Board shall be delivered to the manager of the Regional Animal Services Section, who shall make them freely accessible to the public. All decisions and findings of the Board shall be rendered to the appellant in writing with a copy to the manager of the Regional Animal Services Section. B. Any person entitled to service under TMC Section 7.12.260.B may appeal from any notice and order or any action of the manager of the Regional Animal Services Section under this chapter by filing at the office of the manager of the Regional Animal Services Section within 14 days from the service of the order, a written appeal containing: 1. A heading in the words: "Before the Board of Appeals of the County of King ". 2. A caption reading: "Appeal of ," giving the names of all appellants participating in the appeal. 3. A brief statement setting forth the legal interest of each of the appellants in the animal involved in the notice and order. 4. A brief statement in concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. 5. A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. 6. The signatures of all parties' names as appellants, and their official mailing addresses. 7. The verification, by declaration under penalty of perjury, of at least one appellant as to the truth of the matters stated in the appeal. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs 114 Page 34 of 52 C. The Board of Appeals shall set a time and place, not more than 30 days from the notice of appeal for a hearing on the appeal. Written notice of the time and place of hearing shall be given at least 10 days before the hearing to each appellant by the manager-clerk of the Board. D. At the hearing, the appellant shall be entitled to appear in person, to be represented by counsel and to offer evidence that is pertinent and material to the action of the manager of the Regional Animal Services Section. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered. E. Failure of any person to file an appeal in accordance with this section shall constitute a waiver of the right to an administrative hearing. F. Enforcement of any notice and order of the manager of the Regional Animal Services Section issued under this chapter shall be stayed during the pending of an appeal, except impoundment of an animal that is vicious or dangerous or cruelly treated. G. In proceedings before the Board, the Regional Animal Services Section shall bear the burden of proving by a preponderance of the evidence both the violation and the appropriateness of the remedy it has imposed. 7.12.280 Redemption procedures Any animal impounded pursuant to the provisions of TMC Section 7.12210 may be redeemed upon payment of the redemption fee as provided in TMC Section 7.12.035. Owners of impounded licensed dogs or cats shall not be charged a redemption fee on the first offense but shall be charged on the second offense at the second offense rate. An additional kenneling fee for each 24-hour period, or portion thereof, during which such dog or cat is retained by the impounding agency shall be made payable to King County. The redemption fee for livestock shall be as provided in TMC Section 7.12.035 plus any hauling and boarding costs due. Livestock not redeemed may be sold at public auction by the impounding agency. The hauling and boarding costs for livestock impounded shall be in accordance with the rate established by contract between the county and the given stockyard used for holding such animal. 7.12.290 Vicious animals — corrective action A. Corrective action requirements. 1. An animal declared by the manager of the Regional Animal Services Section to be vicious may be harbored, kept or maintained in King County only upon compliance with those requirements prescribed by the manager. In prescribing the requirements, the manager must take into consideration the following factors: a. the breed of the animal and its characteristics; W: Word Processing\Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs Page 35 of 52 115 the physical size of the animal; c. the number of animals in the owner's home; d. the zoning involved, size of the lot where the animal resides and the number and proximity of neighbors; e. the existing control factors including, but not limited to, fencing, caging, runs and staking locations; and f. the nature of the behavior giving rise to the manager's determination that the animal is vicious, including: (1) extent of injury or injuries; (2) circumstance, such as time of day, if it was on or off the property and provocation instinct; and (3) circumstances surrounding the result and complaint, such as neighborhood disputes, identification, credibility of complainants and witnesses. 2. Requirements that may be prescribed include, but are not limited to, the following: a. Erection of additional or new fencing adequate to keep the animal within the confines of its property. b. Construction of a run within which the animal is to be kept. Dimensions of the run shall be consistent with the size of the animal. c. Keeping the animal on a leash adequate to control the animal, the length and location to be determined by the manager. When unattended the leash must be securely fastened to a secure object. d. Maintenance of the animal indoors at all times, except when personally controlled on a leash adequate to control the animal by the owner or a competent person at least 15 years old. e. Removal of the animal from the county within 48 hours from receipt of such a notice. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs 116 Page 36 of 52 3. Failure to comply with any requirement prescribed by the manager in accordance with this section constitutes a misdemeanor. Such an animal shall not be kept in the City after 48 hours after receiving written notice from the manager. Such an animal or animals found in violation of this section shall be impounded and disposed of as an unredeemed animal and the owner or keeper of the animal or animals has no right to redeem the animal or animals. B. Vicious animals deemed public nuisance. 1. Any animal constituting a public nuisance as provided in this chapter shall be abated and removed from the county by the owner or by the manager of the Regional Animal Services Section, upon the receipt of three notices and orders of violation by the owner in any one-year period, though this removal procedure shall not apply to the vicious animal removal procedure set out in TMC Section 7.12.290.A.3. Where it is established by record in accordance with this chapter and no finding was entered showing that the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the manager of the Regional Animal Services Section shall notify and direct the owner of the animal to abate or remove the same from the county within 96 hours from the notice. If the animal is found to be within the confines of King County after 96 hours have elapsed from the notice, the same shall be abated and removed by the manager of the Regional Animal Services Section. Animals removed in accordance with this section shall be removed from King County or be subjected to euthanasia by the Regional Animal Services Section. 2. Any animal that bites, attacks or attempts to bite one or more persons two or more times within a two-year period is declared to be a public nuisance and shall not be kept within the City 48 hours after receiving written notice from the manager of the Regional Animal Services Section. Such an animal or animals found in violation of this section shall be impounded and disposed of as an unredeemed animal, and the owner or keeper of the animal or animals has no right to redeem the animal. C. This section shall not apply to dogs, which are governed by the provisions of TMC Chapter 7.16, "Dangerous Dogs." 7.12.300 Civil penalty and abatement costs — liability of owner The civil penalty and the cost of abatement are also personal obligations of the animal owner. The prosecuting attorney on behalf of King County may collect the civil penalty and the abatement work costs by use of all appropriate legal remedies. W: Word Processing \Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs Page 37 of 52 117 7.12.310 Costs of enforcement action In addition to costs and disbursements provided for by statute, the prevailing party in a collection action under this chapter may, in the court's discretion, be allowed interest and a reasonable attorney's fee. The prosecuting attorney shall seek such costs, interest, and reasonable attorney's fees on behalf of King County when the county is the prevailing party. 7.12.330 Additional rules and regulations The Regional Animal Services Section is authorized to make and enforce rules and regulations not inconsistent with the provisions of this chapter section, and it is unlawful to violate or fail to comply with any of such rules and regulations. All of such rules and regulations shall be reduced to writing and adopted in accordance with King County Code Chapter 2.98. 7.12.335 Waiver of fees and penalties A. The manager of the Regional Animal Services Section may waive or provide periods of amnesty for payment of outstanding licensing fees, late licensing penalty fees, adoption fees and redemption and sheltering fees, in whole or in part, when to do so would further the goals of the Regional Animal Services Section and be in the public interest. B. In determining whether a waiver should apply, the manager of the Regional Animal Services Section must take into consideration the following elements: 1. The reason the animal was impounded; 2. The reason or basis for the violation, the nature of the violation, the duration of the violation and the likelihood the violation will not recur; 3. The total amount of the fees charged as compared with the gravity of the violation; 4. The effect on the owner, the animal's welfare and the Regional Animal Services Section if the fee or fees or penalties are not waived and no payment is received. 7.12.345 Private animal placement permit — citizen complaint process A. Upon receiving a citizen complaint involving the maintenance of either an Individual or Organizational Private Animal Placement Permit, the Director of Seattle -King County Department of Public Health shall cause the following to be performed: W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs 118 Page 38 of 52 1. Issue a Notice of Complaint to the holder of the permit, and the organization which issued the permit, if applicable, advising such person of the allegation(s) made in the complaint. 2. Require the permit holder, and organization if applicable, to respond, in writing, to the allegation(s) in the Notice of Complaint within 10 days of receipt of the Notice of Complaint. 3. Investigate the allegation(s) in the written complaint and the response submitted by the permit holder, and organization, if applicable. 4. Make a finding as to the validity of the allegation(s) in the complaint. If it is found to be a valid complaint, the Director of Seattle -King County Department of Public Health shall revoke the permit pursuant to the qualifications described in TMC Sections 7.12.030 and 7.12.165. B. Failure to respond, in writing, to a Notice of Complaint within 10 days shall constitute a waiver of the permit holder's, and organization's if applicable, right to contest the allegation(s) in the complaint and shall be prima facie evidence that the allegation(s) are valid, and the permit shall be revoked. IV. MANDATORY SPAY AND NEUTER PROGRAM 7.12.400 Mandatory spaying and neutering A. No person shall own or harbor any cat or dog over the age of six months that has not been spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to TMC Section 7.12.030. B. Guide dog puppies in training and police service dogs are exempted from the provisions of this section. C. Any dog or cat over the age of six months adopted from an animal shelter in the City or King County shall be spayed or neutered before transfer to the owner. V. OTHER PROVISIONS 7.12.510 Unaltered dogs and cats — advertising requirements No person in the City shall publish or advertise to City residents the availability of any unaltered cat or dog unless the publication or advertisement includes: the unaltered animal's license number or the animal's juvenile license number, provided, however that nothing in this chapter shall prohibit licensed breeders from advertising in national publications for sale of a planned litter or litters. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs Page 39 of 52 119 7.12.520 Rabies vaccination required All dogs and cats six months of age or older shall be vaccinated against rabies. All vaccinations shall be performed in accordance with the standards contained in the Compendium of Animal Rabies Control as amended, published by the National Association of State Public Health Veterinarians, Inc. 7.12.525 Rabies control Chapter 11.12 of the King County Code, entitled "Rabies Control," as presently constituted or hereafter amended, is hereby adopted by reference except that, unless the context indicates otherwise, the word "county" and the words "King County" shall refer to the City and references to violations of the county code or county ordinances shall be deemed to be references to violations of City ordinances. 7.12.530 Exemptions from chapter The provisions of this chapter shall not apply to dogs and cats in the custody of an animal facility registered or licensed by the United States Department of Agriculture and regulated by 7 United States Code 2131, et seq. 7.12.540 Unauthorized release of animals from confinement No person other than the owner or person authorized by the owner of the animal shall release any animal from any confinement, vehicle or restraint unless the release is necessary for the immediate health and safety of the animal, though this section shall not apply to peace officers and animal care and control officers. Section 5. TMC Chapter 7.16 Reenacted. TMC Chapter 7.16 is hereby reenacted to read as follows: CHAPTER 7.16 DANGEROUS DOGS Sections: 7.16.010 Definitions 7.16.020 Dangerous and Potentially Dangerous Dogs — Registration, Prohibitions, Etc. 7.16.030 Additional Dangerous Dog Regulations 7.16.040 Declaration of Dangerous and Potentially Dangerous Dogs 7.16.050 Violations — Penalty 7.16.010 Definitions A. "Animal" means any living creature except W: Word Processing \Ordinances \Animal Care and Control strike-thru 12-29-14 AMS:bjs 120 Page 40 of 52 A. "Animal Control Authority" means the department of the City charged with the responsibility of administering the provisions of this chapter, or the department and any other governmental body to which this responsibility is contractually delegated and which is thereby charged with the duty of enforcing the animal control laws of the City and with the shelter and welfare of animals. B. "Animal Control Officer" means any individual employed, contracted, or appointed by the King County Animal Control Authority for the purpose of aiding in the enforcement of this Chapter or any other law or ordinance relating to the licensing of animals, control of animals, or seizure and impoundment of animals; and includes any law enforcement officer, State or municipal peace officer, sheriff, constable, or other employee whose duties in whole or in part include assignments that involve the seizure and taking into custody of any animal. C. "City" shall mean the City of Tukwila. D. "County" or "King County" shall mean Metropolitan King County. E. "Dangerous dog" means any dog that: 1. Bites or inflicts severe injury on a human being or a domestic animal without provocation on public or private property; or 2. In an aggressive manner, inflicts severe injury or kills a domestic animal or other animal protected under Federal, State or local laws, without provocation while off the owner's property; or 3. Has been previously found to be potentially dangerous, the owner having received notice of such, and the dog again aggressively bites, attacks or endangers the safety of humans or domestic animals. (For definition of "potentially dangerous dog," see Item-subparagraph 1H.) F. "Owner" means any person, firm, corporation, organization or department having an interest in or right of possession to an animal, or having control, custody or possession of an animal, including possession by reason of the animal being seen residing consistently at a location. G. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. H. "Potentially dangerous dog" means any dog that, when unprovoked: 1. Chases, charges at, or tries to attack, causing a person to take defensive action in order to prevent bodily injury; or W: Word Process ing \OrdinancesWnimal Care and Control strike -thru 12 -29 -14 AMS:bjs Page 41 of 52 121 2. Snaps, growls, snarls, lumps upon, or approaches a person in a menacing fashion or apparent attitude of attack or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other public ways, or public or private property other than the dog owner's property; or 3. With a known propensity, tendency or disposition to attack, unprovoked, to cause injury or otherwise threaten the safety of humans or domestic animals; or 4. Bites a domestic animal off the dog owner's property, causing the animal's skin to be broken. I. "Severe injury" means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. 7.16.020 Dangerous and Potentially Dangerous Dogs — Registration, Prohibitions, Etc. A. It is unlawful for an owner to have a dangerous dog or a potentially dangerous dog, as defined in TMC Section 7.16.010, in the City without fulfilling the requirements of the City and of the Animal Control Authorityexcept as explicitly authorized by this chapter. B. No potentially dangerous dog or dangerous dog shall go unrestricted upon the premises of the owner. Further, no potentially dangerous or dangerous dog shall be kept on a porch, patio or in any part of a house or structure that would allow such dog to exit the building on its own volition. C. All potentially dangerous and dangerous dogs shall be securely confined indoors or in a secure outdoor enclosure. Such an enclosure can be a pen, dog run, or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen, structure, or dog run shall have secure sides and a secure top. The sides of the enclosure shall not directly adjoin a neighboring property. If the pen, structure, or dog run area has no bottom secured to the sides, the sides shall be embedded not less than two feet into the ground. An enclosure with doors, windows, or other openings enclosed solely by wire or mesh screening shall not be considered a proper enclosure as defined in this section. D. No person owning or harboring, or having the care of, a potentially dangerous or dangerous dog shall suffer or permit such dog to go beyond the premises of such person, unless such dog is securely muzzled in a manner that will not cause injury to the dog but shall prevent it from biting any person or animal; and is restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in le-ngth, leash, rope or other device of sufficient strength to restrain the dog without causing injury to the dog. W: Word Processing \Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs 122 Page 42 of 52 E. Any corrective actions available under King e . - _ _ :: - _ • .: - ! TMC Chapter 7.12 must be made as required by an animal control officer. F. No person shall own or possess with intent to sell, or offer for sale, breed, or buy or attempt to buy within the City any potentially dangerous or dangerous dog. G. No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purposes of causing or encouraging said dog to unprovoked attacks upon human beings or domestic animals. 7.16.030 Additional Dangerous Dog Regulations Dangerous dogs that have been shown to be a particular threat to the health, safety, and welfare of the community may be subject to additional dangerous dog regulations as follows: 1. A dog that has been declared dangerous may be removed and destroyed if the release of the dog would create a significant threat to the health, safety, and welfare of the public. 2. If it is determined that a dangerous dog shall not be removed or destroyed, the animal control authority shall impose any additional conditions upon the ownership of the dog that protect the health, safety and welfare of the public. 3. The owner of a dangerous dog that is not removed and destroyed shall be required to have a surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a sum not less than $250,000 payable to a person injured by the dog; or a policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner or keeper for personal injuries inflicted by the dangerous dog, with a certificate from the insurer providing for written notice to the City within 30 days of cancellation, reduction of limits, or termination of coverage. 4. A copy of the surety bond or liability insurance policy shall be provided to the City before the dangerous dog is returned to Tukwila to live. 7.16.040 Declaration of Dangerous and Potentially Dangerous Dogs A. Provision for declaring dangerous and potentially dangerous dogs. Based on an investigation, the animal control authority may find and declare a dog "potentially dangerous" or "dangerous" if it has probable cause to believe that the dog falls within the definitions set in TMC Section 7.16.010. For the purposes of this chapter, the determination of probable cause may include: W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs Page 43 of 52 123 1. The written complaint of a citizen who is willing to testify that the dog has acted in a manner that causes it to fall within the definitions in TMC Section 7.16.010; or 2. Dog bite reports filed with the animal control authority; or 3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or 4. A verified report that the dog previously has been found to be either potentially dangerous or dangerous by any animal control authority; or 5. Other substantial evidence admissible in a court of law. B. Exception. Dogs shall not 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 of the dog, or was tormenting, abusing, or assaulting the dog, or in the past has been observed or reported to have tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime. C. Declaration, service to owner in writing. The declaration shall be in writing, and shall be served on the owner or keeper in one of the following methods: 1. Certified mail to the owner's or keeper's last known address; or 2. Personally delivered; or 3. Posting the notice of violation and order on the front door of the living unit of the owner or person with right to control the dog if said owner or person is not home; Or 4. If the owner or keeper cannot be located by one of these methods, by publication in a newspaper of general circulation. The owner or keeper of any dog found to be a potentially dangerous or dangerous dog under this section under TMC Chapter 7.16 shall be assessed all actual service costs expended under this sub-section. D. Declaration, information required. The declaration set forth in this section shall state at least: 1. A description of the dog; 2. The name and address of the owner or keeper of the dog, if known; 3. The whereabouts of the dog if it is not in the custody of the owner or keeper; W: Word Processing \Ordinances \Animal Care and Control strike-thru 12-29-14 AMS:bjs 124 Page 44 of 52 4. The facts upon which the declaration is based; 5. The availability of a hearing in case the person objects to the declaration, if a request is made within 14 days; 6. The restrictions placed on the dog as a result of the declaration; and 7. The penalties for violation of the restrictions, including the possibility of destruction of the dog, and imprisonment or fining of the owner or keeper. E. Declaration appeal procedure. If the owner or keeper of the dog wishes to contest the declaration, the following procedures shall apply: 1. The owner or keeper shall, within 14 days of receipt of the declaration, or within 14 days of the publication of the declaration, or within 14 days of the publication of the declaration pursuant to TMC Section 7.16.040(C), request a hearing from the Tukwila Hearing Examiner. Failing to exhaust this administrative appeal process shall be a bar to action in a court of law. Any appeal decision issued by the Tukwila Hearing Examiner can be appealed in Superior Court. 2. If the Tukwila Hearing Examiner finds there is insufficient evidence to support the declaration, it shall be rescinded and the restrictions imposed thereby vacated. 3. If the Tukwila Hearing Examiner finds sufficient evidence to support the declaration, then it shall be affirmed. 4. If the Tukwila Hearing Examiner finds that the dog is not a potentially dangerous or dangerous dog, no costs shall be assessed against the City or the animal control authority or officer. 7.16.050 Violations — Penalty Any dangerous dog shall be immediately confiscated by Tthe animal control authority may take any lawful action necessary to confiscate any dangerous dog if the dog is not maintained in a secure enclosure, or if the dog is allowed to go beyond the owner's premises without leash, chain, rope or other device of sufficient strength to restrain the dog without causing injury to the dog, or muzzle, if required, restraints or either if a required surety bond or liability insurance of $250,000 is not valid. The owner must pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person, to the owner's residence, or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the cost of confinement and control, and that the dog will be destroyed by animal control in an expeditious and humane W: Word Processing\Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs Page 45 of 52 125 manner if the deficiencies for which the dog was confiscated are not corrected within 20 days. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with ROW 9A.20.021. Section 6. Regulations Established. TMC Chapter 7.18, "Guard Dogs," is hereby established to read as follows: Sections: 7.18.010 7.18.020 7.18.030 7.18.040 7.18.050 7.18.060 7.18.070 7.18.080 7.18.090 7.18.100 7.18.110 7.18.010 Intent CHAPTER 7.18 GUARD DOGS Intent Definitions Guard dog purveyor — license — fees Guard dog purveyor — license — application Guard dog trainer — license required — fee Guard dog trainer — license — application Guard dog — registration Guard dog — registration — application Inspections Enforcement authorization Limitations It is the intent of the Tukwila City Council to set reasonable requirements and conditions governing the training, selling and conveying of guard dogs and the use of such animals for the protection of person and/or property. The City Council finds such regulation is necessary to preserve the public peace and safety and to ensure the humane treatment of said animals. 7.18.020 Definitions The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. A. "Animal care and control authority" means the King County Regional Animal Services in the King County Records and Licensing Services Division, acting alone or in concert with other municipalities in the enforcement of the animal care and control laws of the county and state. B. "Director" means director of the King County Department of Executive Services. C. "Guard dog" means any member of the dog family Canidae that has been trained or represented as trained to protect either person or property, or both, by virtue of exhibiting hostile propensities and aggressiveness to unauthorized persons. W: Word Processing\Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs 126 Page 46 of 52 D. "Guard dog purveyor" means any person, firm or corporation supplying guard dogs to members of the public. E. "Guard dog trainer" means any person, either as an individual or as an employee of a guard dog purveyor, whose prime function is the training of dogs as guard dogs. F. "Rules and regulations of the Regional Animal Services Section" means such rules and regulations, consistent with the intent of this chapter, as may be adopted by the Regional Animal Services Section under King County Code Chapter 2.98. 7.18.030 Guard dog purveyor — license — fee A. It is unlawful for any person, firm or corporation to supply guard dogs to the public without a valid license to do so issued to the person, firm or corporation by the animal care and control authority. Only a person who complies with this chapter and such rules and regulations of the animal care and control authority as may be adopted in accordance with this chapter shall be entitled to receive and retain such a license. Licenses shall not be transferable and shall be valid only for the person and place for which issued. The licenses shall be valid for one year from issue. B. The fee for the license shall be $250 per year, but if the guard dog purveyor is in possession of a valid animal shelter, kennel and pet shop license, the fee for the guard dog purveyor license shall be reduced by the amount of the animal shelter, kennel and pet shop license. 7.18.040 Guard dog purveyor — license — application Any person desiring to supply guard dogs to the public shall make written application for a license on a form to be provided by the animal care and control authority. The application shall be filed with the animal care and control authority and shall include the following: 1. A legal description of the premises or the business address of the office from which the applicant desires to supply guard dogs; 2. A statement of whether the applicant owns or rents the premises to be used for the purpose of purveying guard dogs. If the applicant rents the premises, the application shall be accompanied by a written statement of acknowledgment by the property owner that the applicant has the property owner's permission to purvey guard dogs on the premises for the duration of the license; and 3. A written acknowledgment by the applicant that before the actual commercial sale or purveyance of any and all guard dogs the licensee shall coordinate with the animal care and control authority in properly marking the guard dog and in notifying all customers of the guard dog purveyor that the customer is required to register the guard dog and pay the appropriate registration fee to King County before the animal performs guard dog functions. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs Page 47 of 52 127 7.18.050 Guard dog trainer — license required — fee A. It is unlawful for anyone to engage in the training of dogs as guard dogs without a valid license to do so issued to the person by the animal care and control authority. Only a person who complies with this chapter and the rules and regulations of the animal care and control authority shall be entitled to receive and retain such a license. Licenses shall not be transferable and shall be valid only for the person for which they were issued. Licenses shall be valid for one year from issue. B. The cost of the license to each guard dog trainer shall be $50 per year. 7.18.060 Guard dog trainer — license — application Any person desiring to train dogs as guard dogs shall make written application for a license on a form to be provided by the animal care and control authority. All such applications shall be filed with the animal care and control authority and shall contain the following: 1. A legal description or business address of the premises at which the applicant desires to train the guard dogs; 2. A statement of whether the applicant is self-employed or a member of a business, firm, corporation or organization that trains guard dogs. If the applicant is a member of such a business, firm, corporation or organization, the applicant shall state the name of the entity and shall provide the name of the major executive officer of the entity; and 3. If the premises at which the applicant proposes to train dogs as guard dogs is rented, the application must be accompanied by a written statement of acknowledgment from the property owner that the applicant has the owner's permission to carry on the activity of guard dog training at the location for the duration of the license. 7.18.070 Guard dog — registration All persons using dogs as guard dogs shall register the dogs with the animal care and control authority. The cost of the registration shall be as provided in TMC Section 7.12.035. The registration shall be valid for one year from date of issue. All registrations shall be affixed on the guard dog in such a manner so as to be readily identifiable. 7.18.080 Guard dog — registration — application Any person desiring to use a guard dog shall register the dog with the animal care and control authority and the registration shall be accompanied by the following information: W: Word Processing \Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs 128 Page 48 of 52 1. A legal description or business address of the premises that the applicant desires to employ a registered guard dog to prevent unauthorized intrusion. 2. A statement whether the applicant owns or rents the premises to be guarded. If the applicant rents the premises, the application must be accompanied by a written statement of acknowledgment from the property owner that the applicant has the owner's permission to use a guard dog on the premises to prevent unauthorized intrusion for the duration of the registration. 3. A description of the guard dog for purposes of identification. 4. Acknowledgment by the applicant of whether the guard dog has been trained as a guard dog to exhibit hostile propensities. 5. Acknowledgment by the applicant that the premises to be guarded has devices, such as fencing, to prevent general access by the public during those times the guard dog is used for purposes of protecting the premises and persons from unauthorized intrusion. The acknowledgment shall contain a statement that the premises is properly signed to forewarn the public of the presence of a guard dog. 6. Acknowledgment by the applicant that the guard dog will be maintained in such a manner as to ensure the safety of the public and the welfare of the animal. 7.18.090 Inspections The manager of the Regional Animal Services Section or the manager's authorized representative shall inspect all premises that are the subject of the licenses and registrations required in this chapter before the issuance of licenses or registrations. The inspections shall include, but not be limited to, a verification that adequate measures are being taken to protect the health, welfare and safety of the general public and to ensure the humane treatment of the guard dogs. If the premises are deemed inadequate, the Regional Animal Services Section shall direct the applicant to make such changes as are necessary before the license or registration is issued. The manager of the Regional Animal Services Section or the manager's authorized representative may make the inspections of a licensee's premises or the premises of an area guarded by a registered guard dog for the purpose of enforcing this chapter and the rules and regulations of the Regional Animal Services Section. 7.18.100 Enforcement authorization In protecting the health, safety and welfare of the public; to enforce the laws of the State of Washington as they pertain to animal cruelty, shelter, welfare and enforcement of control, the manager of the Regional Animal Services Section and the manager's authorized officers are authorized to take such lawful action in exercising appropriate powers and responsibilities in TMC Chapter 7.12. W: Word Processing \Ordinances\Animal Care and Control strike -thru 12 -29 -14 AMS:bjs Page 49 of 52 129 7.18.110 Limitations The provisions of this chapter shall not apply to any facility possessing or maintaining dogs or guard dogs as defined in this chapter that is owned, and operated or maintained by any city, county, state or the federal government; provided, private parties renting or leasing public facilities for commercial purposes as specified in this chapter shall not be exempt. Section 7. TMC Chapter 7.20 Reenacted. Tukwila Municipal Code (TMC) Chapter 7.20 is hereby reenacted to read as follows: CHAPTER 7.20 DOGS AT LARGE AND LEASHES Sections: 7.20.010 Definitions 7.20.020 Dogs at Large — Requirement of a Leash or Chain 7.20.030 Penalties 7.20.010 Definitions A. "Animal" means any living creature except Homo Sapiens, insects and worms. A. "City" shall mean the City of Tukwila. B. "Owner" means any person, firm, corporation, organization or department having an interest in or right of possession to an animal, or having control, custody or possession of an animal, including possession by reason of the animal being seen residing consistently at a location. C. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. D. "Signal control" means a battery-powered collar that uses a remote control to send electric stimulation to control a doq's behavior. 7.20.020 Dogs at Large — Requirement of a Leash or Chain It shall be a violation of this chapter for any owner or custodian to cause, permit or allow any dog owned, harbored, controlled or kept by him/her in the City to roam, run or stray away from the premises where the dog is owned, harbored, controlled or kept; except that, while away from the premises, the dog shall at all times be controlled by the owner or some duly authorized and competent person by means of a leash or chain not exceeding eight feet in length, or signal control, provided that such leash, or chain, or signal control is not required for any dog when otherwise safely and securely confined W: Word Processing \Ordinances \Animal Care and Control strike-thru 12-29-14 AMS:bjs 130 Page 50 of 52 or completely controlled while in or upon any vehicle. Any law enforcement officer shall have the authority to issue civil infractions under this provision. 7.20.030 Penalties A. Violation, civil penalty. In addition to any other penalty provided in this title or by law, any person whose dog is maintained in violation of this title shall incur a civil penalty plus billable costs of the animal control authority. The penalty shall be $50 for the first notice of violation, $75 for the second violation in any one-year period, and $200 for each successive violation. B. Civil penalty, collection. The civil penalty described in TMC Section 7.20.030(A) is the personal obligation of the dog owner. The animal control authority, on behalf of King County, and the City Attorney, on behalf of the City, may collect the civil penalty by use of all appropriate legal remedies. C. Cost of enforcement, collection. In addition to the costs and disbursements provided for by statute, the prevailing party in a collective action under this chapter may, in the court's discretion, be allowed interest and a reasonable attorney's fee. The City Attorney is authorized to shall seek such costs, interest, and reasonable attorney's fees on behalf of the City or County when the City is the prevailing party. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. W: Word Processing \Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs Page 51 of 52 131 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Animal Care and Control strike-thru 12-29-14 AMS:bjs 132 Page 52 of 52 Chapters: 7.04 ance No. 2306, July 2010 7.08 Livestock, Small Animals and Fowl 7.12 Animal Care and Control 7.16 Dangerous Dogs 7.20 Dogs at Large and Leashes Repealed by Ordin- Produced by the City of Tukwila, City Clerk's Office TUKWILA MUNICIPAL CODE CHAPTER 7.04 ANIMAL LICENSING AND REGULATIONS Sections: 7.04.010 Animal Licensing and Regulations This Chapter was repealed by Ordinance No. 2306 July 2010. Page 7-2 134 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS CHAPTER 7.08 LIVESTOCK, SMALL ANIMALS AND FOWL Sections: 7.08.010 7.08.020 7.08.030 7.08.040 7.08.050 7.08.060 7.08.070 7.08.080 7.08.090 7.08.100 7.08.110 7.08.120 7.08.130 7.08.140 7.08.150 7.08.160 7.08.180 Chapter compliance required Livestock defined Small animals and fowl defined Animals kept as pets Roosters prohibited Enclosure construction Number of livestock allowed Maintaining horses, cattle, sheep and goats within City limits Maintaining swine within city limits Minimum area for keeping animals Number of animals per property area size Distance from human habitation One building per site for housing Nuisance prohibited Manure removal Enforcement Exemptions 7.08.010 Chapter compliance required It is unlawful for any person, persons, firm or corporation to keep or maintain livestock, small animals or fowl within the City limits, except as provided in this chapter. (Ord. 232 §1, 1956) 7.08.020 Livestock defined "Livestock," where used in this chapter, means and in- cludes horses, cattle, sheep, goats and swine. (Ord. 232 §2, 1956) 7.08.030 Small animals and fowl defined "Small animals and fowl," where used in this chapter means and includes rabbits, chinchillas, chickens, geese, ducks, turkeys and pigeons. (OrcL 2351 §1, 2011; Ord, 232 §3(pard), 1956) 7.08.040 Animals kept as pets Dogs, cats, guinea pigs, hamsters, ferrets, fish, parrots, parakeets and similar animals kept as household pets within a dwelling unit will not be subject to the limitations of this chap- ter. Dogs and cats are regulated by TMC Section 7.12. (Ord. 2351 §2, 2011; Ord, 232 §3(a), 1956) 7.08.050 Roosters prohibited The keeping of roosters within the City limits is prohibited. (Ord. 2351 §3, 2017; Ord. 232 , §3(7)), 1956) 7.08.060 Enclosure construction All livestock, small animals and fowl shall be kept within an enclosure adequately built and maintained to prevent the livestock, small animals and fowl from breaking through, out, over or under the same. All pens, coops, hutches and housing of any kind used for the housing of livestock, small animals and fowl must be built to include siding or shakes or their equivalent, and must be painted or stained to appear present- able. (Ord. 232 §4, 1956) 7.08.070 Number of livestock allowed The number of horses, cows or cattle, sheep, goats or swine allowed on any given piece or parcel of property shall be regulated by the duly appointed Code Enforcement Officer of the City. (Ord. 2357 §4, 2077; Ord. 232 §5, 1956) 7.08.080 Maintaining horses, cattle, sheep and goats within City limits All livestock, except swine, may be kept or maintained within the city limits, provided they are kept not less than 100 feet from the nearest residence. (Ord. 232 §6, 1956) 7.08.090 Maintaining swine within City limits Swine may be kept or maintained within the City limits provided they are kept within an enclosure as herein de- scribed, the outside limits of which shall be not less than 200 feet from the nearest residence. (Ord. 232 §7, 1956) 7.08.100 Minimum area for keeping animals With the exception of chickens, no livestock, small animals or fowl shall be kept on any property within the City limits where the parcel does not contain a minimum of 10,000 square feet of area. Chickens may be kept as an accessory to any legal use regardless of the area of the parcel. (Ord. 2351 §5, 2071, Ord. 232 §3, 7956) 7.08.110 Number of animals per property area size Small animals and fowl shall be permitted in numbers as follows: 1. Twelve rabbits, twelve chinchillas, twelve pigeons or any combination of rabbits, chinchillas or pigeons, not to exceed a total of twelve collectively, for 10,000 square feet of property. 2. The number of rabbits, chinchillas or pigeons may be increased by 1 /10th for each additional 1,000 square feet of property. 3. Six geese, six ducks, six turkeys or any combina- tion of geese, ducks or turkeys, not to exceed a total of six collectively for 10,000 square feet of property. Produced by the City of Tukwila, City Clerk's Office Page 7 -3 135 TUKWILA MUNICIPAL CODE 4. The number of geese, ducks or turkeys may be increased 1 /10th for each additional 1,000 square feet of property. 5. One chicken per every 1,000 square feet of property. 6. At no time shall the total number of small animals or fowl exceed a total of twelve for each 10,000 square feet of property. (Ord. 2351 §b; 2011; Ord. 23239, 1956) 7.08.120 Distance from human habitation Enclosures for the housing of small animals and fowl shall be built and located not less than 10 feet from any place of human habitation and property line. The roaming area for the small animals and fowl shall be fenced and located not less than 10 feet from any adjacent place of human habitation. (Ord. 2351 ,57, 2017, Ord, 232 §70, 1956) 7.08.130 One building per site for housing Not more than one building for the housing of livestock, small animals or fowl shall be allowed in any one building site, (Ord, 232.5` 11, 19 56) 7.08.140 Nuisance prohibited No livestock, small animals or fowl shall be kept in such a manner that a condition resulting from same shall constitute a nuisance. (Ord. 232 §12 1956) 7.08.150 Manure removal A. All enclosures, confinement areas, and /or open run areas shall be kept clean. Provision shall be made for the removal of animal waste and food waste so that the areas are kept free from infestation of insects, rodents or disease, as well as to prevent obnoxious or foul odors. Animal waste shall be properly disposed of and any accumulated animal waste must not be stored within the parcel setback area. Any storage of animal waste must not constitute a nuisance. B. Manure shall not be allowed to collect in any place where it can prejudicially affect any source of drinking water. C. Manure, when used as a fertilizer, must be plowed or spaded under within 24 hours after application. (Ord 2351 53, 2011; Ord. 232 3` 1,3. 7956) 7.08.160 Enforcement The Code Enforcement Officer for the City shall be authorized to enforce this chapter, unless otherwise provided. (Ord. 2351 39, 2011; Ord. 232 § 14, 1956) 7.08.180 Exemptions A. Residents may keep all animals legally owned and kept prior to the effective date of this ordinance, provided they do not constitute a nuisance. B. Any person, persons, firm or corporation who discontinues the keeping or reduces the number of livestock, small animals or fowl for a period of more than 90 days, or who sells or transfers his property, shall then become subject to all the provisions of this chapter. (Ord. 2351 370, 2011) Page 7 -4 136 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS CHAPTER 7.12 ANIMAL CARE AND CONTROL Sections: 7.12.010 King County Code Title 11, Animal Care and Control Chapter Incorporated 7.12.010 King County Code Title 11, Animal Care and Control incorporated as TMC Section 7.12.010. King County Code (KCC) Title 11, entitled "Animal Care and Control" is hereby codified as follows: KCC 11.02 Regional Animal Services Section KCC 11.02.010 Established. There is established a regional animal services section in the records and licensing services division. The regional ani- mal services section is by this chapter designated the agency authorized to provide animal care services and enforce animal control laws. KCC 11.02.020 Manager - established - compensation. There is established within the regional animal services section the position of manager of the regional animal services section, to be compensated at a rate established in accor- dance with county personnel policies. KCC 11.02.030 Agreements - authorization. The county executive is authorized to enter into agree- ment with any or all other municipal corporations in King Coun- ty for the licensing and enforcement of local municipal ordin- ances relating to animal care and control, and with other legal entities for the purpose of dead animal disposal. KCC 11.02.040 Agreements - concessions - revenue for regional animal services. The director of the department of executive services is au- thorized to enter into concession agreements with vendors to sell animal - related products and services at the King County animal shelter and at other county facilities and events. The revenue from these concession agreements shall be applied solely to regional animal services. KCC 11.02.050 Agreements - advertising, sponsorship, naming rights - for regional animal services programs - restrictions. A. The director of the department of executive services may negotiate and enter into advertising, sponsorship and naming rights agreements for the purpose of providing finan- cial support for regional animal services programs. Advertising shall be restricted to commercial speech. B. Advertisers and sponsors shall abide by the nondi- scrimination requirements of K.C.C. Title 12. Furthermore, an advertising, sponsorship or naming rights agreement may not result in advertisement of spirits or tobacco products in viola- tion of K.C.C. chapter 12.51. C. The director may impose additional subject- matter re- strictions on advertising, sponsorship and naming rights agreements consistent with applicable law. D. Revenue generated from advertising, sponsorships and naming rights agreements entered into under this section shall be applied solely to regional animal services. KCC 11.04 Animal Care and Control Regulations KCC 11.04.010 Purpose and scope - conflicts. A. It is declared the public policy of the county to secure and maintain such levels of animal care and control as will protect animal and human health and safety, and to the great- est degree practicable to prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of caring for animals, licensing dogs, cats, hobby catteries, hobby kennels and related facilities and con- trolling errant animal behavior so that it shall not become a public nuisance and to prevent cruelty to animals. B. If there is a conflict between a provision of this chapter and a provision in K.C.C. Title 21A, the provision in K.C.C. Title 21A shall control. KCC 11.04.020 Definitions. In construing this chapter, except where otherwise plainly declared or clearly apparent from the context, words shall be given their common and ordinary meaning. In addition, the following definitions apply to this chapter: A. "Abate" means to terminate any violation by reasona- ble and lawful means determined by the manager of the re- gional animal services section in order that an owner or a per- son presumed to be the owner shall comply with this chapter. B. "Altered" means spayed or neutered. C. "Animal" means any living creature except Homo sa- piens, insects and worms. D. "Animal care and control authority" means the region- al animal services section of the records and licensing services division, acting alone or in concert with other municipalities for enforcement of the animal care and control laws of the county and state and the shelter and welfare of animals. E. "Animal care and control officer" means any individual employed, contracted or appointed by the animal care and control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the care and licensing of animals, control of animals or seizure and impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose du- ties in whole or in part include assignments that involve the seizure and taking into custody of any animal. F. "Cattery" means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including a pet shop. An adult cat is one of either sex, altered or unaltered, that is at least six months old. G. "Domesticated animal" means a domestic beast, such as any dog, cat, rabbit, horse, mule, ass, bovine animal, Iamb, goat, sheep, hog or other animal made to be domestic. Produced by the City of Tukwila, City Clerk's Office Page 7 -5 137 TUKWILA MUNICIPAL CODE H. "Euthanasia" means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that causes painless loss of consciousness and death during the loss of consciousness. I. "Fostering" means obtaining unwanted dogs or cats and locating adoptive homes for those licensed and spayed or neutered dogs or cats. J. "Grooming service" means any place or establish- ment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing either their aesthetic value or health, or both, and for which a fee is charged. K. "Harbored, kept or maintained" means performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such a manner as to control the animal's ac- tions, or that the animal or animals are treated as living at one's house by the homeowner. L. "Hobby cattery" means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the en- joyment of the species. However, a combination hobby cat- tery /kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed in K.C.C. Title 21A. M. "Hobby kennel" means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for any combination of hunting, training and exhibition for organized shows, for field, working or obedience trials or for the enjoyment of the species. However, a combi- nation hobby cattery /kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed in K.C.C. Title 21A. N. "Juvenile" means any dog or cat, altered or unaltered, that is under six months old. 0. "Kennel" means a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care, whether or not for compensation, but not including a pet shop. An adult dog is one of either sex, altered or unaltered, that is at least six months old. P. "Livestock" has the same meaning as in K.C.C. 21 A.06.695. Q. "Owner" means any person having an interest in or right of possession to an animal. "Owner" also means any person having control, custody or possession of any animal, or by reason of the animal being seen residing consistently at a location, to an extent such that the person could be presumed to be the owner. R. "Pack" means a group of two or more animals running upon either public or private property not that of its owner in a state in which either its control or ownership is in doubt or can- not readily be ascertained and when the animals are not re- strained or controlled. S. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate or other legal entity. T. "Pet" means a dog or a cat or any other animal required to be licensed by this chapter. "Dog," "cat" and "pet" may be used interchangeably. U. "Pet shop" means any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells or rents, or offers to sell or rent, the live animals to the public or to retail outlets. V. "Private animal placement permit" means a permit or permits issued to qualified persons engaged in fostering dogs and cats, to allow them to possess more dogs and cats than is otherwise specified in K.C.C, Title 21A. W. "Running at large" means to be off the premises of the owner and not under the control of the owner, or competent person authorized by the owner, either by leash, verbal voice or signal control. X. "Service animal" means any animal that is trained or being trained to aid a person who is blind, hearing impaired or otherwise disabled and is used for that purpose and is regis- tered with a recognized service animal organization. Y. "Shelter" means a facility that is used to house or contain stray, homeless, abandoned or unwanted animals and that is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit organiza- tion or person devoted to the welfare, protection and humane treatment of animals. Z. "Special hobby kennel license" means a license is- sued under certain conditions to pet owners, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their posses- sion until such time as the death or transfer of the animals re- duces the number they possess to the legal limit in K.C.C. Title 21A, the King County zoning code. AA. "Under control" means the animal is either under competent voice control or competent signal control, or both, so as to be restrained from approaching any bystander or oth- er animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. BB. "Vicious" means having performed the act of, or having the propensity to do any act, endangering the safety of any person, animal or property of another, including, but not limited to, biting a human being or attacking a human being or domesticated animal without provocation. KCC 11.04.030 Pet licenses - required - issuance - penalty - fee use - improper checks - exceptions. A. All dogs and cats eight weeks old and older that are harbored, kept or maintained in King County shall be licensed and registered. Licenses shall be renewed on or before the date of expiration. Page 7 -6 138 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS B. Upon application and the payment of a license fee made payable to the King County treasury according of he schedule provided in K.C.C. 11.04.035, pet licenses shall be issued by the regional animal services section and may be is- sued by shelters, veterinarians, pet shops, catteries and ken- nels and other approved locations, under contract with the county. 1. Pet licenses for dogs and cats shall be valid for a term of one year from issuance, expiring on the last day of the twelfth month. There is no proration of any license fees. Re- newal licenses shall retain the original expiration period whether renewed before, on or after their respective renewal months. 2. Juvenile licenses may be obtained in lieu of an unaltered pet license for pets from eight weeks to six months old. 3. King County residents sixty -five years old or old- er may purchase a discounted pet license for their cats or dogs that are neutered or spayed and that are maintained at the registered owner's registered address. Residents sixty -five years old or older who have previously obtained a special permanent license for their cats or dogs shall not be required to purchase a new license for the permanently licensed ani- mals 4. Disabled residents that meet the eligibility re- quirements of the Metro regional reduced fare permit program authorized in K.C.C. chapter 28.94 may purchase a discounted pet license for their cats or dogs that are neutered or spayed and that are maintained at the registered owner's registered address. 5. Applications for a pet license shall be on forms provided by the regional animal services section. 6. License tags shall be worn by dogs at all times. As an alternative to a license tag, a dog or cat may be identi- fied as licensed by being tattooed on its right ear or on its in- side right thigh or groin with a license number approved or issued by the regional animal services section. 7. Owners of dogs or cats who hold valid licenses from other jurisdictions and who move into King County may transfer the license by paying a transfer fee. The license shall maintain the original license's expiration date. 8. It is a violation of this chapter for any person to sell or transfer ownership of any pet without a pet license. The regional animal services section shall be notified of the name, address and telephone number of the new owner by the per- son who sold or transferred the pet. 9. An applicant may be denied the issuance or re- newal of a pet license, if the applicant was previously found in violation of the animal cruelty provisions of K.C.C. 11.04.250 or convicted of animal cruelty under RCW 16.52.205 or 16.52.207. a. An applicant may be denied the issuance or renewal of a pet license for up to: (1) four years, if found in violation of the an- imal cruelty provisions of K.C.C. 11.04.250 or convicted of a misdemeanor under RCW 16.52.207; or (2) indefinitely, if convicted of a felony under RCW 16.52.205. b. Any applicant who is either the subject of a notice and order under K.C.C. 11.04.250 or charged with ani- mal cruelty under RCW 16.52.205 or 16.52.207, may have the issuance or renewal of their pet license denied pending the final result of either the notice and order or charge. 10. The denial of the issuance or renewal of a pet li- cense is subject to appeal, in accordance with K.C.C. 11.04.270. 11, Cat or dog owners are subject to a penalty ac- cording to the schedule in K.C.C. 11.04.035 for failure to comply with the licensing requirement in subsection A. of this section. C. A late fee shall be charged on all pet license applica- tions, according to the schedule provided in K.C.C. 11.04.035. D. All fees and fines collected under this chapter shall be deposited in the general fund to be applied solely to regional animal services. The records and licensing services division is authorized to accept credit and bank card payments for fees and penalties imposed under this title, in accordance with K.C.C. chapter 4.100. E. It is a violation of this chapter for any person to kno- wingly issue a check for which funds are insufficient or to stop payment on any check written in payment of fees in this chap- ter. Any license or penalty paid for with those types of checks are, in the case of the license, invalid; and in the case of the penalty, still outstanding. Costs incurred by the county in col- lecting checks of this nature shall be considered a cost of ab- atement and are personal obligations of the animal owner un- der K.C.C. 11.04.300. F. Except for subsection G. [of this section], this section shall not apply to dogs or cats in the custody of a veterinarian or shelter or whose owners are nonresidents temporarily within the county for a period not exceeding thirty days. G. Veterinarians and shelters that sell or give away a dog or cat without a license shall make license application materials available to the new pet owner and shall provide the regional animal services section monthly with the list of list of information required by K.C.C. 11.04.070 for any dogs and cats given away or sold. KCC 11.04.033 Animal shelter, kennel, grooming service, cattery and pet shop - General licenses - Requirements. All hobby kennels and hobby catteries must be licensed by the regional animal services section. Licenses shall be valid for one year from the date of application. Fees shall be assessed as provided in K.C.C. 11.04.035. There is no proration of the license fee. Renewal licenses shall retain the original expiration date whether renewed on or after their respective renewal month. Issuance of a license under this section shall Produced by the City of Tukwila, City Clerk's Office Page 7 -7 139 TUKWILA MUNICIPAL CODE not excuse any requirement to obtain a private animal placement permit. KCC 11.04.035 License fees and penalties. License fees and penalties can be found at: http: / /www.kingcounty.gov /council /legislation /kc code.aspx KCC 11.04.050 Animal shelter cattery, pet shop, grooming service and kennel license - Information required. Shelters, catteries, pet shops, grooming services and kennels shall comply with the licensing requirements of the Seattle -King County department of public health. Subject to applicable restrictions in K.C.C. Title 21A, the facilities may board animals as authorized by their Seattle -King County de- partment of public health license. KCC 11.04.060 Hobby kennel or hobby cattery licenses - required - limitations - requirements - issuance and maintenance - special hobby kennel license. A. It is unlawful for any person to keep and maintain any hobby kennel or hobby cattery without a valid and subsisting license therefor. The fee for such an annual license shall be assessed upon the owner or keeper of the animals and shall be as provided in K.C.C. 11.04.035. In addition, each animal that is maintained at a hobby kennel or hobby cattery shall be licensed individually under K.C.C. 11,04.030.8. B. Any hobby kennel or hobby cattery license shall limit the total number of adult dogs and cats kept by the hobby ken- nel or hobby cattery based on: 1. Animal size; 2. Type and characteristics of the breed; 3. The amount of lot area, though the maximum number shall not exceed: a. twenty -five where the lot area contains five acres or more; b. ten where the lot area contains thirty -five thousand square feet but less than five acres; and c. five where the lot area is less than thirty -five thousand square feet; 4. The facility specifications and dimensions in which the dogs and cats are to be maintained; 5. The zoning classification in which the hobby ken- nel or hobby cattery would be maintained. C. The following are requirements for hobby kennels and hobby catteries: 1. All open run areas shall be completely surrounded by a six -foot fence set back at least twenty feet from all proper- ty lines, though this requirement may be modified for hobby catteries as long as the open run area contains the cats and prohibits the entrance of children. For purposes of this section, "open run area" means that area, within the property lines of the premises on which the hobby kennel or hobby cattery is to be maintained, where the dogs and cats are sheltered or main- tained. If there is no area set aside for sheltering or maintain- ing the dogs within the property lines of the premises the twen- ty foot setback does not apply. The property lines of premises not containing an open run area must be completely surrounded by a six -foot fence; 2. No commercial signs or other appearances adver- tising the hobby kennel or hobby cattery are permitted on the property except for the sale of the allowable offspring set forth in this section; 3. The manager of the regional animal services sec- tion may require setback, additional setback, fencing, screen- ing or soundproofing as the manager deems necessary to en- sure the compatibility of the hobby kennel or hobby cattery with the surrounding neighborhood. Factors to be considered in determining the compatibility are: a. statements regarding approval or disap- proval of surrounding neighbors relative to maintenance of a hobby kennel or hobby cattery at the address applied for; b. history of verified animal care and control complaints relating to the dogs and cats of the applicant at the address for which the hobby kennel or hobby cattery is applied for; c. facility specifications or dimensions in which the dogs and cats are to be maintained; d. animal size, type and characteristics of breed; and e. the zoning classification of the premises on which the hobby kennel or hobby cattery is maintained; 4. The hobby kennel or hobby cattery shall limit dog and cat reproduction to no more than one litter per license year per female dog and two litters per license year per female cat; and 5. Each dog and cat in the hobby kennel or hobby cattery shall have current and proper immunization from dis- ease according to the dog's and cat's species and age. The immunizations shall consist of distemper, hepatitis, leptospiro- sis, parainfluenza and parvo virus (DHLPP) inoculation for dogs over three months old and feline herpesvirus 1, calicivirus and panleukopenia virus (FVRCP) inoculation for cats over two months old and rabies inoculations for all dogs and cats over four months old. D. A hobby kennel or hobby cattery license may be is- sued only when the manager of the regional animal services section is satisfied that the requirements of K.C.C. 11.04.0600.1. through 5. have been met. The license may be terminated if the number of dogs and cats exceeds the number allowed by the regional animal services section or if the facility fails to comply with any of the requirements of K.C.C. 11.04.060 C.1. through 5. E.1. Persons owning a total number of dogs and cats ex- ceeding three, who do not meet the requirements for a hobby kennel license, may be eligible for a special hobby kennel li- cense to be issued at no cost by the regional animal services, which shall allow them to retain the specific animals then in their possession, but only if the following conditions are met: a. the applicant must apply for the special hob- by kennel license and individual licenses for each dog and cat Page 7 -8 140 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS by July 6, 1992, or at the time they are contacted by an animal care and control officer, King County license inspector or King County pet license canvasser; and b. the applicant is keeping the dogs and cats for the enjoyment of the species, and not as a commercial en- terprise. 2. The special hobby kennel license shall only be valid for those specific dogs and cats in the possession of the appli- cant at the time of issuance, and is intended to allow pet own- ers to possess animals beyond the limits otherwise imposed by K.C.C. Title 21A until such a time as the death or transfer of the animals reduces the number possessed to the legal limit set forth in K.C.C. Title 21A. 3. The manager of the regional animal services section may deny any application for a special hobby kennel license: a. based on past Animal Care and Control Code violations by the applicant's dogs and cats or verified complaints from neighbors regarding the applicant's dogs and cats; or b. if the animal or animals are maintained in inhumane conditions. F. The manager of the regional animal services section may authorize hobby kennels, hobby catteries and special hobby kennels to exceed the maximum number of dogs and cats otherwise allowed under this section where necessary to address an emergency proclaimed by the executive in accordance with K.C.C. 12.52.030. KCC 11.04.070 Animal shelters, kennels, hobby kennels, catteries, hobby catteries or pet shops - reporting required. Each animal shelter, kennel, hobby kennel, cattery, hobby cattery or pet shop shall provide the regional animal services section with a monthly list of all dogs and cats that it has given away or sold. The list shall include the origin, age, sex, color, breed, altered status and, if applicable, microchip number and license number of each dog or cat given away or sold and the new owner's name, address and, if available, email address and telephone number. KCC 11.04.080 Animal shelters, kennels, catteries, grooming service or pet shops - inspections - unsanitary conditions unlawful. A. It shall be the duty of the director of the Seattle -King County department of public health or the director's agent or the manager of the regional animal services section or the manager's agent to make or cause to be made such an inspection as may be necessary to determine compliance with K.C.C. 11.04.090, 11.04.100 and 11.04.110. The owner or keeper of an animal shelter, kennel, cattery, grooming service or pet shop shall admit to the premises, for the purpose of making an inspection, any officer, agent or employee of the Seattle -King County department of public health or animal care and control authority at any reasonable time that admission is requested, B. It is unlawful to keep, use or maintain within King County any animal shelter, kennel, cattery, grooming service or pet shop that is unsanitary, nauseous, foul or offensive, or in any way detrimental to public health or safety and not in compliance with K.C.C. 11.04.070, 11.04.090, 11.04.100 or 11.04.110. KCC 11.04.090 Animal shelters, kennels, grooming services, catteries and pet shops - Conditions. Animal shelters, kennels, catteries, grooming services and pet shops shall meet the following conditions: A. Housing facilities shall be provided the animals and such shall be structurally sound and shall be maintained in good repair; shall be designed so as to protect the animals from injury; shall contain the animals; and shall restrict the entrance of other animals. B. Electric power shall be supplied in conformance with city, county, and state electrical codes adequate to supply lighting and heating as may be required by this chapter. Water shall be supplied at sufficient pressure and quantity to clean indoor housing facilities and primary enclosures of debris and excreta. C. Suitable food and bedding shall be provided and stored in facilities adequate to provide protection against infes- tation or contamination by insects or rodents. Refrigeration shall be provided for the protection of perishable foods. D. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and de- bris. Disposal facilities shall be maintained in a sanitary condi- tion, free from the infestation or contamination of insects or rodents or disease, and from obnoxious or foul odors. E. Washroom facilities, including sinks and toilets, with hot and cold water, must be conveniently available for cleaning purposes, and a large sink or tub provided for the purpose of washing utensils, equipment and facilities. F. Sick animals shall be separated from those appearing healthy and normal and, if for sale, shall be removed from dis- play and sale. Sick animals shall be kept in isolation quarters with adequate ventilation to keep from contaminating well ani- mals. G. There shall be an employee on duty at all times dur- ing hours any store is open whose responsibility shall be the care and welfare of the animals in that shop or department held for sale or display. H. An employee or owner shall come in to feed, water and do the necessary cleaning of animals and birds on days the store or shop is closed. I, No person, persons, association, firm or corporation shall knowingly sell a sick or injured animal or bird. J. No person, persons, association, firm or corporation shall misrepresent an animal or bird to a consumer in any way. KCC 11.04.100 Animal shelters, kennels, catteries, grooming services and pet shops - Indoor facilities. Animal shelters, kennels and pet shops which have indoor housing facilities for animals and birds shall: A. Be sufficiently heated or cooled to protect such ani- mals from temperatures to which they are not normally accli- matized; Produced by the City of Tukwila, City Clerk's Office Page 7 -9 141 TUKWILA MUNICIPAL CODE B. Be adequately ventilated to provide for the health of animals contained therein and to assist in the removal of foul and obnoxious odors. Provision shall be made so that the volume of air within any enclosed indoor facility shall be changed three times or more each hour. This may be accom- plished through the location and periodic opening of doors and windows. If fans or ventilating equipment are used, they shall be constructed in conformance with current standards of good engineering practice with respect to noise and minimization of drafts; C. Have sufficient natural or artificial lighting to permit rou- tine inspection and cleaning at any time of day. In addition, suf- ficient natural or artificial lighting shall be supplied in the area of sinks and toilets to provide for the hygiene of animal caretakers; D. Have interior wall and ceiling surfaces constructed of materials which are resistant to the absorption of moisture and odors, or such surfaces shall be treated with a sealant or with paint, when such materials are not originally resistant to mois- ture or odors. Floor surfaces shall not be made of unsealed wood. In addition, interior walls shall be constructed so that the interface with floor surfaces is sealed from the flow or accumula- tion of moisture or debris; E. Contain a drainage system which shall be connected to a sanitary sewer or septic tank system which conforms to the standards of building codes in force within the county and shall be designed to rapidly remove water and excreta in the cleaning of such indoor housing facility under any condition of weather or temperature; provided, this requirement shall not apply to hobby kennels and pet shops. All indoor housing facilities for animals, fish, or birds shall be maintained in a clean and sanitary condition and a safe and effective disinfectant shall be used in the cleaning of such facilities. KCC 11.04.110 Animal shelters, kennels, catteries and pet shops - Outdoor facilities. Animal shelters, kennels, catte- ries and pet shops which have outdoor facilities for animals and birds shall: A Be constructed to provide shelter from excessive sun- light, rain, snow, wind, or other elements. In addition, such facilities shall be constructed to provide sufficient space for the proper exercise and movement of each animal contained therein; B. Be constructed to provide drainage and to prevent the accumulation of water, mud, debris, excreta, or other materials and shall be designed to facilitate the removal of animal and food wastes; C. Be constructed with adequate walls or fences to contain the animals kept therein and to prevent entrance of other animals. KCC 11.04.130 Grooming parlors - Conditions. Grooming parlors shall: A. Not board animals but keep only dogs and cats for a reasonable time in order to perform the business of grooming; B. Provide such restraining straps for the dog or cat while it is being groomed so that such animal shall neither fall nor be hanged; C. Sterilize all equipment after each dog or cat has been groomed; D. Not leave animals unattended before a dryer; E. Not prescribe treatment or medicine that is the prov- ince of a licensed veterinarian as provided in RCW 18.92.010; F. Not put more than one animal in each cage; G. All floors and walls in rooms, pens and cages used to retain animals or in areas where animals are clipped, groomed or treated must be constructed of water impervious material that can readily be cleaned, and must be maintained in good repair; H. Hot and cold water must be conveniently available and a large sink or tub provided (minimum size twenty -four inches by eighteen inches by twelve inches); I. Toilet and hand- washing facilities with hot and cold running water must be conveniently available for personnel employed; J. Only equipment necessary to the operation of the li- censed establishment shall be kept or stored on the premises and shall only be stored in a sanitary or orderly manner; K. All cages, pens, or kennels used for holding animals shall be kept in a clean and sanitary condition and must be disinfected on a routine basis. KCC 11.04.140 Animal shelters, hobby kennels, kennels, pet shops, grooming parlors, guard dog purveyors, guard dog trainers and guard dog purveyors, guard dog trainers and guard dog owners - additional conditions. The manager of the regional animal services section is authorized to promulgate rules and regulations not in conflict with this title as they pertain to the conditions and operations of animal shelters, hobby kennels, kennels, hobby catteries, catteries, pet shops and grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners. The rules and regulations may be enacted only after a public hearing has been held regarding the rules and regulations. Enforcement of these rules and regulations may be appealed to the county board of appeals. KCC 11.04.150 Licenses, registration - revocation, suspension or refusal to renew. The regional animal services section may, in addition to other penalties provided in this title, revoke, suspend or refuse to renew any hobby kennel, hobby cattery, guard dog purveyor, guard dog trainer license or guard dog registration upon good cause or for failure to comply with any provision of this title. Enforcement of such a revocation, suspension or refusal shall be stayed during the pendency of an appeal filed in accordance with K.C.C. 11.04.260. KCC 11.04.160 Licenses, registration - revocation or refusal waiting period. If an applicant has had a license or registration revoked or a renewal refused, the applicant shall Page 7-10 142 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS not be issued a hobby kennel license, hobby cattery license, guard dog purveyor license, guard dog trainer license or guard dog registration for one year after the revocation and refusal. KCC 11.04165 Individual private animal placement permit - required - qualifications - limitations - inspection, denial and revocation. A. Any person independently engaged in the fostering of dogs and cats who routinely possesses more dogs and cats than are otherwise allowed in K.C.C. Title 21A must obtain a private animal placement permit from the regional animal services section. Permits shall be valid for one year from issuance and may not be transferred. B. In order to qualify for a private animal placement permit, an applicant must: 1. Maintain and care for dogs and cats in a humane and sanitary fashion, in compliance with K.C.C. 11.04.090. 2. Foster the dogs and cats at a location that is compatible with the surrounding neighborhood. 3. Agree to return stray or lost animals to their own- ers in accordance with K.C.C. 11.04.210 before placing the animals in an adoptive home. 4. Agree to spay or neuter and license each dog or cat before placement into its new home and transfer the li- cense of each animal to its adoptive owner. 5. Agree to coordinate their adoption process with the regional animal services section, including reporting on the disposition of each animal, and only adopting to owners who would qualify to adopt an animal from a King County animal care and control shelter based on the adoption procedures and guidelines used by the regional animal services section. C. Individuals or organizations holding a private animal placement permit shall be allowed to possess five foster ani- mals above the limit that would normally apply to their property under K.C.C. Title 21A. Permit holders are required to locate an adoptive home for each dog or cat within six months of ac- quiring the dog or cat. If, after six months, an adoptive home has not been found for a dog or cat, the regional animal ser- vices section shall review the situation to determine if the per- mit holder is complying with the permit. If the manager of the regional animal services section ascertains that a good faith effort is being made to locate adoptive homes, a six -month extension may be granted. The presence of juvenile animals shall not necessarily place a permit holder over their limit un- less the manager of the regional animal services section de- termines that juvenile animals are present in such large num- bers as to otherwise place the permit holder out of compliance with the permit. Holders of hobby kennel licenses shall be allowed to possess and foster five more animals than are al- lowed by the conditions of a hobby kennel permit. D. The regional animal services may inspect the facilities of an applicant for a private animal placement permit to deter- mine whether or not such a permit shall be issued. In addition, the regional animal services may periodically inspect the facili- ties of holders of private animal placement permits to ensure compliance with this section. The regional animal services may also deny or revoke permits based on any one or more of the following: 1. A failure to meet the qualifications listed in sub- sections A. through C. of this section; 2. Verified animal care and control complaints; and 3. Verified complaints by neighbors regarding the failure to comply with private animal placement permit re- quirements. KCC 11.04.167 Organizational private animal placement permit - required - qualifications - limitations - inspection, denial and revocation. A. Any organization engaged in the fostering of dogs and cats whose members routinely or from time to time have in their possession up to five more dogs and cats than are other- wise allowed in K.C.C. Title 21A must obtain private animal placement permits from the regional animal services section for each of those members. Organizations may purchase up to five permits, or up to twenty permits per year. However, the manager of the regional animal services section may issue more than twenty permits to an organization when to do so would further the goals of the regional animal services section and be in the public interest. Permits shall be valid for one year from issuance and may be transferred between members of the organization. B. In order to qualify to distribute private animal place- ment permits to its members an organization must: 1. Be of a reputable nature and engaged in the fos- tering of animals solely for the benefit of the animals involved, and not as a commercial enterprise; 2. Agree to furnish animal care and control with the names, addresses and phone numbers of each of the holders of its permits, including immediately furnishing this information when a transfer takes place; and 3. Agree that, to the best of their ability, they shall only distribute permits to individuals who shall comply with the re- quirements of K.C.C. 11.04.165. KCC 11.04.170 Enforcement power. A. The manager of the regional animal services section and the animal care and control officers are authorized to take such lawful action as may be required to enforce this chapter, Ordinance 10870, as amended, and K.C.C. Title 21A, as they pertain to the keeping of animals, and the laws of the state of Washington as the laws pertain to animal cruelty, shelter, wel- fare and enforcement of control. B. The manager of the regional animal services section or animal care and control officers shall not enter a building designated for and used for private purposes, unless a proper warrant has first been issued upon a showing that the officer has reasonable cause to believe an animal is being maintained in the building in violation of this chapter. C. The manager of the regional animal services section and animal care and control officers, while pursuing or observ- ing any animal in violation of this chapter, may enter upon any Produced by the City of Tukwila, City Clerk's Office Page 7 -11 143 TUKWILA MUNICIPAL CODE public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued or observed. D. No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct an animal care and control officer from pursuing any animal observed to be in violation of this chapter. Further, no person shall fail or neglect, after a proper warrant has been presented, to promptly permit the manager of the regional animal services section or an animal care and control officer to enter private property to perform any duty imposed by this chapter. Any person violating this subsection is guilty of a misdemeanor. KCC 11.04.180 Violations - deemed nuisance - abatement. All violations of this chapter are detrimental to the public health, safety and welfare and are public nuisances. All condi- tions that are determined after review by the manager of the regional animal services section to be in violation of this chap- ter shall be abated. KCC 11.04.190 Violations - Misdemeanor - Penalty. Any person who allows an animal to be maintained in violation of this chapter is guilty of a misdemeanor punishable by fine of not more than two hundred fifty dollars and /or imprisonment for a term not to exceed ninety days. KCC 11.04.200 Violations - civil penalty. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person whose animal is maintained in violation of this chapter shall incur a civil penalty in an amount not to ex- ceed one thousand dollars per violation to be directly assessed by the manager of the animal care and control authority plus billable costs of the animal care and control authority. The manager, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penal- ty to the nature and type of violation; the gravity of the viola- tion; the number of past and present violations committed and the good faith of the violator in attempting to achieve com- pliance with prescribed requirements or after notification of a violation. All civil penalties assessed shall be enforced and collected in accordance with the procedure specified in this chapter. KCC 11.04.210 Impounding. A. The manager of the regional animal services section and the manager's authorized representatives may apprehend any animals found doing any of the acts defined as a public nuisance or being subjected to cruel treatment as defined by law. After the animal is apprehended, the regional animal ser- vices section shall ascertain whether the animal is licensed or otherwise identifiable. If reasonably possible, the regional an- imal services section shall return the animal to the owner to- gether with a notice of violation of this chapter. 1. If it is not reasonably possible to immediately re- turn a currently licensed animal to its owner, the regional ani- mal services section shall notify the owner within a reasonable time by regular mail or telephone that the animal has been impounded and may be redeemed. Any currently licensed animal impounded in accordance with this chapter shall be held for the owner at least one hundred twenty hours, after telephone contact by the impounding agency or for at least two weeks after posting of the notification of impoundment by regu- lar mail. 2. Any other animal impounded in accordance with this chapter shall be held for its owner at least seventy -two hours from the time of impoundment. 3. Any animal suffering from serious injury or dis- ease may be euthanized. 4. At the discretion of the impounding authority, any animal may be held for a longer period than otherwise speci- fied in this section and redeemed by any person on payment of charges not exceeding those prescribed in this chapter. B. Any animal not redeemed shall be treated in one of the following ways: 1. Made available for adoption at the fee provided in K.C.C. 11.04.035. a. As provided in K.C.C. 11.04.400, all dogs and cats adopted from the King County animal shelter shall be spayed or neutered before adoption, except that, persons adopting a juvenile may elect not to spay or neuter the animal at the time of adoption if such persons purchase a juvenile license and pre - purchase an adult altered license, effective the month that the animal would become six months of age. Such persons shall also pay a spay or neuter deposit that shall be returned to the adopting person upon submission of proof that the sterilization was performed within six months from the adoption. Failure to spay or neuter such a dog or cat is a vi- olation of this chapter and a breach of the adoption contract and shall result in the forfeiture of the adoption and return of the dog or cat to King County animal care and control for the required spaying or neutering. Persons adopting a juvenile dog or cat that is spayed or neutered may purchase an adult altered license at the time of adoption, effective for one year. b. The manager of the regional animal servic- es section may adopt administrative rules regarding the adop- tion of animals from King County shelters; or 2. Transferred to another animal welfare organiza- tion for adoption; 3. Entered into foster care; or 4. Euthanized. C. The county shall not sell any animals for the purposes of medical research to any research institute or any other pur- chasers. D.1. Any unaltered dog or cat impounded more than once shall be spayed or neutered: a. by the regional animal services before the release of the dog or cat; or b. at the request of the owner, after re- lease of the dog or cat to the owner, but only if the owner agrees to pay a cash deposit of two hundred fifty dollars and provides proof of neutering or spaying on a form provided by Page 7 -12 144 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS the county. In order for the deposit to be refunded to the own- er the form must be certified by a licensed veterinarian within ten days of release of the dog or cat to the owner. If proof of neutering or spaying is not provided within ten days, the re- gional animal services may again impound the dog or cat to verify that it is spayed or neutered. If the animal is not spayed or neutered, the regional animal services section may spay or neuter the animal before it is released to the owner. 2. If the dog or cat is spayed or neutered by the regional animal services section, the cost of the spay or neuter shall be charged to the owner upon redemption but shall be deducted from the impound and redemption fees otherwise required under this chapter. KCC 11.04.220 Additional enforcement. Notwithstanding the existence or use of any other remedy, the manager of the re- gional animal services section may seek legal or equitable relief to enjoin acts or practices and abate any conditions that constitute a violation of this chapter or other regulations adopted under this chapter. KCC 11.04.225 Additional enforcement - cruelty to animals. A. The manager of the animal care and control authority may prohibit a person who is issued a notice and order for violation of K.C.C. 11.04.250 or who is either charged or con- victed of animal cruelty under either RCW 16.52.205 or 16.52.207 from owning, harboring, keeping or maintaining any animal if the manager determines that the enforcement furth- ers the purposes of this chapter, in accordance with the follow- ing: a person may be prohibited from owning, harboring, keep- ing or maintaining any animal: 1. For up to four years, if the person is found in vi- olation of the animal cruelty provisions of K.C.C. 11.04.250 or convicted of a misdemeanor under RCW 16.52.207; 2. Indefinitely, if the person is convicted of a felony under RCW 16.52.205; or 3. Pending the final adjudication of either a notice and order issued under K,C.C. 11.04.250 or a charge under RCW 16.52.205 or 16.52.207. B. The director or authorized animal care and control of- ficer may enforce this section through the notice and order process in K.C.C. 11.04.260. A notice and order issued to enforce this section is subject to appeal, in accordance with K.C.C. 11.04.270. KCC 11.04.230 Nuisances defined. For purposes of this chapter, nuisances are violations of this chapter and shall be defined as follows: A. Any public nuisance relating to animal care and con- trol known at common law or in equity jurisprudence; B. A dog running at large within the county; C. Any domesticated animal, whether licensed or not, that runs at large in any park or enters any public beach, pond, fountain or stream or upon any public playground or school ground. However, this subsection shall not prohibit a person from walking or exercising an animal in a public park or on any public beach when the animal is on a leash, tether or chain not to exceed eight feet in length. Also, this subsection shall not apply to any person using a trained service animal, to animal shows, exhibitions or organized dog- training classes if at least twenty -four hours' advance notice has been given to the ani- mal care and control authority by those persons requesting to hold the animal shows, exhibitions or organized dog- training classes; D, Any domesticated animal that enters any place where food is stored, prepared, served or sold to the public, or any other public building or hall. However, this subsection shall not apply to any person using a trained service animal, to veterinary offices or hospitals or to animal shows, exhibitions or organized dog- training classes if at least twenty -four hours' advance notice has been given to the animal care and control authority by the persons requesting to hold the animal shows, exhibitions or organized dog training classes; E. Any female domesticated animal, whether licensed or not, while in heat and accessible to other animals for purposes other than controlled and planned breeding; F. Any domesticated animal that chases, runs after or jumps at vehicles using the public streets and alleys; G. Any domesticated animal that habitually snaps, growls, snarls, jumps upon or otherwise threatens persons lawfully using the public sidewalks, streets, alleys or other pub- lic ways; H. Any animal that has exhibited vicious propensities and constitutes a danger to the safety of persons or property off the animal's premises or lawfully on the animal's premises. However, in addition to other remedies and penalties, the pro- visions of this chapter relating to vicious animals shall apply; I. Any vicious animal or animal with vicious propensities that runs at large at any time is off the owner's premises not securely leashed on a line or confined and in the control of a person of suitable age and discretion to control or restrain the animal. However, in addition to other remedies and penalties, the provisions of this chapter relating to vicious animals shall apply; J. Any domesticated animal that howls, yelps, whines, barks or makes other oral noises, in such a manner as to dis- turb any person or neighborhood to an unreasonable degree; K. Any domesticated animal that enters upon a person's property without the permission of that person; L. Animals staked, tethered or kept on public property without prior written consent of the animal care and control authority; M. Animals on any public property not under control by the owner or other competent person; N. Animals harbored, kept or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian; and 0. Animals running in packs. KCC 11.04.235 Transfer of unaltered dogs and cats prohi- bited. It is a violation of this chapter to sell or give away unal- Produced by the City of Tukwila, City Clerk's Office Page 7 -13 145 TUKWILA MUNICIPAL CODE tered dogs and cats in any public places or to auction off or raffle unaltered dogs and cats as prizes or gifts. KCC 11.04.240 Unlawful acts against police department dogs - Penalty for violation. A. No person shall willfully torment, torture, beat, kick, strike or harass any dog used by a police department for police work, or otherwise interfere with the use of any such dog for police work by said department or its officers or members. B. Any person who violates subsection A. of this section shall be deemed guilty of a misdemeanor, punishable by not more than ninety days in jail or not more than two hundred fifty dollar fine, or both. KCC 11.04.250 Violations - unlawful acts - cruelty to animals - database. A. It is unlawful for any person to: 1. Willfully and cruelly injure or kill any animal by any means causing it fright or pain; 2. By reason of neglect or intent to cause or allow any animal to endure pain, suffering or injury or to fail or neg- lect to aid or attempt alleviation of pain, suffering or injury the person has so caused to any animal; 3. Lay out or expose any kind of poison, or to leave exposed any poison food or drink for humans, animals or fowl, or any substance or fluid whatever whereon or wherein there is or shall be deposited or mingled, any kind of poison or deadly substance or fluid whatever, on any premises, or in any unenclosed place, or to aid or abet any person in so doing, unless in accordance with RCW 16.52.190; and 4. Abandon any domesticated animal by dropping off or leaving the animal on the street, road or highway, in any other public place or on the private property of another. B. The regional animal services section shall keep a da- tabase containing the names of all persons who are either found in violation of K.C.C. 11.04.250 or charged or convicted of animal cruelty under either RCW 16.52.205 or 16.52.207. Further, the regional animal services section shall coordinate with law enforcement, when necessary, to keep this database current. KCC 11.04.260 Violations - notice and order. A. Whenever the manager of the regional animal servic- es section or animal care and control officer has found an ani- mal maintained in violation of this chapter, the manager of the regional animal services section shall commence proceedings to cause the abatement of each violation. B. The manager of the regional animal services section or animal care and control officer shall issue a notice of viola- tion and an order directed to the owner or the person pre- sumed to be the owner of the animal maintained in violation of this chapter. The notice and order shall contain: 1. The name and address if known of the owner or person presumed to be the owner of the animal in violation of this chapter; 2. The license number, if available, and description of the animal in violation sufficient for identification; 3. A statement to the effect that the manager or an- imal care and control officer has found the animal maintained illegally with a brief and concise description of the conditions, which caused the animal to be in violation of this chapter, in- cluding reference to the specific sections of code or statute violated and, where relevant, reference to the specific sections of code or statute authorizing removal of the animal; 4. A statement of the action required to be taken to abate the violation, as determined by the manager of the re- gional animal services section. a. If the manager has determined the animal in violation must be disposed of, the order shall require that the abatement be completed within a specified time from the order as determined by the manager to be reasonable; b. If the manager of the regional animal ser- vices section determined to assess a civil penalty, the order shall require that the penalty shall be paid within fourteen days from the order. 5. Statements advising that if any required abate- ment is not commenced within the time specified, the manager of the regional animal services section shall proceed to cause abatement and charge the costs thereof against the owner; 6. Statements advising: a. that a person having a legal interest in the animal may appeal from the notice of violation and order or any action of the manager of the regional animal services sec- tion to the board of appeals, but only if the appeal is made in writing as provided by this chapter and filed with the manager of the regional animal services section within fourteen days from the service of the notice of violation and order; and b. that failure to appeal constitutes a waiver of all right to an administrative hearing and determination of the matter. C. The notice and order shall be served on the owner or presumed owner of the animal in violation. D. Service of the notice of violation and order shall be made upon all persons entitled thereto: 1. Personally; 2. By mailing a copy of the notice of violation and order by certified mail, postage prepaid, return receipt re- quested, to the person at the person's last known address; or 3. By posting the notice of violation and order on the front door of the living unit of the owner or person with right to control the animal if the owner or person is not home. E. Proof of service of the notice of violation and order shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting ser- vice, declaring the time, date and manner in which service was made. KCC 11.04.270 Appeals. A. The King County board of appeals as established by Article 7 of the King County Charter is designated to hear ap- peals by parties aggrieved by actions of the manager of the regional animal services section under this chapter. The board Page 7 -14 146 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS may adopt reasonable rules or regulations for conducting its business. Copies of all rules and regulations adopted by the board shall be delivered to the manager of the regional animal services section, who shall make them freely accessible to the public. All decisions and findings of the board shall be ren- dered to the appellant in writing with a copy to the manager of the regional animal services section. B. Any person entitled to service under K.C.C. 11.04.260.B. may appeal from any notice and order or any action of the manager of the regional animal services section under this chapter by filing at the office of the manager of the regional animal services section within fourteen days from the service of the order, a written appeal containing: 1. A heading in the words: "Before the Board of Appeals of the County of King "; 2. A caption reading: "Appeal of giving the names of all appellants participating in the appeal; 3. A brief statement setting forth the legal interest of each of the appellants in the animal involved in the notice and order; 4, A brief statement in concise language of the spe- cific order or action protested, together with any material facts claimed to support the contentions of the appellant; 5. A brief statement in concise language of the relief sought, and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside; 6. The signatures of all parties' names as appel- lants, and their official mailing addresses; 7. The verification, by declaration under penalty of perjury, of at least one appellant as to the truth of the matters stated in the appeal. C. The board of appeals shall set a time and place, not more than thirty days from the notice of appeal for a hearing on the appeal. Written notice of the time and place of hearing shall be given at least ten days before the hearing to each ap- pellant by the manager -clerk of the board. D. At the hearing, the appellant shall be entitled to ap- pear in person, to be represented by counsel and to offer evi- dence that is pertinent and material to the action of the man- ager of the regional animal services section. Only those mat- ters or issues specifically raised by the appellant in the written notice of appeal shall be considered. E. Failure of any person to file an appeal in accordance with this section shall constitute a waiver of the right to an ad- ministrative hearing. F. Enforcement of any notice and order of the manager of the regional animal services section issued under this chap- ter shall be stayed during the pending of an appeal, except impoundment of an animal that is vicious or dangerous or cruelly treated. G. In proceedings before the board, the regional animal services section shall bear the burden of proving by a prepon- derance of the evidence both the violation and the appro- priateness of the remedy it has imposed. KCC 11.04.280 Redemption procedures. Any animal impounded pursuant to the provisions of Section 11.04.210 may be redeemed upon payment of the redemption fee as provided in Section 11.04.035. Owners of impounded licensed dogs or cats shall not be charged a redemption fee on the first offense but shall be charged on the second offense at the second offense rate. An additional kenneling fee for each twenty- four -hour period, or portion thereof, during which such dog or cat is retained by the impounding agency shall be made payable to the county. The redemption fee for livestock shall be as provided in Section 11.04.035 plus any hauling and boarding costs due. Livestock not redeemed may be sold at public auction by the impounding agency. The hauling and boarding costs for livestock impounded shall be in accordance with the rate established by contract between the county and the given stock yard used for holding such animal. KCC 11.04.290 Vicious animals - corrective action. A.1. An animal, declared by the manager of the regional animal services section to be vicious, may be harbored, kept or maintained in King County only upon compliance with those requirements prescribed by the manager. In prescribing the requirements, the manager must take into consideration the following factors: a. the breed of the animal and its characteristics; b. the physical size of the animal; c. the number of animals in the owner's home; d. the zoning involved; size of the lot where the an- imal resides and the number and proximity of neighbors; e. the existing control factors, including, but not li- mited to, fencing, caging, runs and staking locations; and f. the nature of the behavior giving rise to the man- ager's determination that the animal is vicious, including: (1) extent of injury or injuries; (2) circumstance, such as time of day, if it was on or off the property and provocation instinct; and (3) circumstances surrounding the result and complaint, such as neighborhood disputes, identification, cre- dibility of complainants and witnesses. 2. Requirements that may be prescribed include, but are not limited to, the following: a. Erection of additional or new fencing adequate to keep the animal within the confines of its property; b. Construction of a run within which the animal is to be kept. Dimensions of the run shall be consistent with the size of the animal; c. Keeping the animal on a leash adequate to con- trol the animal, the length and location to be determined by the manager. When unattended the leash must be securely fas- tened to a secure object; d. Maintenance of the animal indoors at all times, except when personally controlled on a leash adequate to con- trol the animal by the owner or a competent person at least fifteen years old; and Produced by the City of Tukwila, City Clerk's Office Page 7 -15 147 TUKWILA MUNICIPAL CODE e. Removal of the animal from the county within for- ty -eight hours from receipt of such a notice. 3. Failure to comply with any requirement prescribed by the manager in accordance with this section constitutes a misdemeanor. Such an animal shall not be kept in unincorporated King County after forty -eight hours after receiving written notice from the manager. Such an animal or animals found in violation of this section shall be impounded and disposed of as an unredeemed animal and the owner or keeper of the animal or animals has no right to redeem the animal or animals. B.1. Any animal constituting a public nuisance as provided in this chapter shall be abated and removed from the county by the owner or by the manager of the regional animal services section, upon the receipt of three notices and orders of violation by the owner in any one -year period, though this removal procedure shall not apply to the vicious animal removal procedure set out in K.C.C. 11.04.290.A.3. Where it is established by record in accordance with this chapter and no finding was entered showing that the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the manager of the regional animal services section shall notify and direct the owner of the animal to abate or remove the same from the county within ninety -six hours from the notice. If the animal is found to be within the confines of King County after ninety -six hours have elapsed from the notice, the same shall be abated and removed by the manager of the regional animal services section. Animals removed in accordance with this section shall be removed from King County or be subjected to euthanasia by the regional animal services section. 2. Any animal that bites, attacks or attempts to bite one or more persons two or more times within a two -year pe- riod is declared to be a public nuisance and shall not be kept within unincorporated King County forty -eight hours after re- ceiving written notice from the manager. Such an animal or animals found in violation of this section shall be impounded and disposed of as an unredeemed animal, and the owner or keeper of the animal or animals has no right to redeem the animal. KCC 11.04.300 Civil penalty and abatement costs - Liability of owner. The civil penalty and the cost of abatement are also personal obligations of the animal owner. The prosecuting at- torney on behalf of King County may collect the civil penalty and the abatement work costs by use of all appropriate legal reme- dies. KCC 11.04.310 Costs of enforcement action. In addition to costs and disbursements provided for by statute, the prevailing party in a collection action under this chapter may, in the court's discretion, be allowed interest and a reasonable attorneys fee. The prosecuting attorney shall seek such costs, interest, and reasonable attorneys fees on behalf of King County when the county is the prevailing party. KCC 11.04.330 Additional rules and regulations. The re- gional animal services section is authorized to make and enforce rules and regulations, not inconsistent with the provisions of this chapter section, and it is unlawful to violate or fail to comply with any of such rules and regulations. All of such rules and regula- tions shall be reduced to writing and adopted in accordance with K.C.C. chapter 2.98. KCC 11.04.335 Waiver of fees and penalties. A. The manager of the regional animal services section may waive or provide periods of amnesty for payment of out- standing licensing fees, late licensing penalty fees, adoption fees and redemption and sheltering fees, in whole or in part, when to do so would further the goals of the regional animal services section and be in the public interest. B. In determining whether a waiver should apply, the manager of the regional animal services section must take into consideration the following elements: 1. The reason the animal was impounded; 2. The reason or basis for the violation, the nature of the violation, the duration of the violation and the likelihood the violation will not recur; 3. The total amount of the fees charged as com- pared with the gravity of the violation; 4. The effect on the owner, the animal's welfare and the regional animal services section if the fee or fees or penal- ties are not waived and no payment is received. KCC 11.04.345 Private Animal Placement Permit - Citizen Complaint Process. A. Upon receiving a citizen complaint involving the main- tenance of either an Individual or Organizational Private Ani- mal Placement Permit, the director shall cause the following to be performed: 1. Issue a Notice of Complaint to the holder of the permit, and the organization which issued the permit, if applicable, advising such person of the allegation(s) made in the complaint. 2. Require the permit holder, and organization if applicable, to respond, in writing, to the allegation(s) in the Notice of Complaint within ten days of receipt of the Notice of Complaint. 3. Investigate the allegation(s) in the written complaint and the response submitted by the permit holder, and organization, if applicable. 4. Make a finding as to the validity of the allegation(s) in the complaint. If it is found to be a valid complaint the director shall revoke the permit pursuant to the qualifications described in K.C.C. 11.04.030 and K.C.C. 11.04.165. B. Failure to respond, in writing, to a Notice of Complaint within ten days shall constitute a waiver of the permit holder's, and organization's, if applicable, right to contest the allegation(s) in the complaint and shall be prima facie evidence that the allega- tion(s) are valid, and the permit shall be revoked. KCC 11.04.400 Mandatory spaying and neutering. A. No person shall own or harbor any cat or dog over the age of six months that has not been spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to K.C.C. 11.04.030. Page 7 -16 148 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS B. Guide dog puppies in training and police service dogs are exempted from the provisions of this section. C. Any dog or cat over the age of six months adopted from an animal shelter in King County shall be spayed or neu- tered before transfer to the owner. KCC 11.04.410 Spay or neuter vouchers. When issuing a license for an unaltered pet the regional animal services section may provide to the applicant a voucher for the payment of all or part of the cost of a spay or neuter operation by a licensed veterinarian on the pet, with the amount of the voucher established by the manager of regional animal services based upon available resources and appropriation authority being provided by the council. The regional animal services section shall compile, maintain and make available to the public a list of veterinarians who accept the vouchers as full or partial payment for spay or neuter operations. Spay or neuter vouchers shall be redeemed through the King County treasury by veterinarians who have performed a spay or neuter operation on a pet licensed in King County as an unaltered pet. KCC 11.04.500 Euthanasia rate targets. A. It shall be the policy of King County that a maximum euthanasia rate target is set to measure the progress towards reducing the rates of cats and dogs euthanized by the regional animal services section or its designees. The euthanasia rates shall be calculated based on the total number of live cats and dogs take in to King County custody to include stray, homeless, abandoned, unwanted or surrendered animals, and animals euthanized at an owner's request. The euthanasia rates shall exclude animals euthanized at the order of the director of the Seattle -King County department of public health and those animals who are not in the custody of King County but are brought to a King County shelter by their owner or guardian for the purposes of licensing, or clinic services, such as spaying, neutering and vaccinations should such services be made available to the public by the regional animal services section. B. The total number of cats and dogs euthanized by the regional animal services section is not to exceed fifteen percent. KCC 11.04.510 Unaltered dogs and cats - Advertising requirements. No person in unincorporated King County shall publish or advertise to King County residents the availability of any unaltered cat or dog unless the publication or advertisement includes: the unaltered animal's license number or the animal's juvenile license number, provided, however that nothing in this chapter shall prohibit licensed breeders from advertising in national publications for sale of a planned litter or litters. KCC 11.04.520 Rabies vaccination required. All dogs and cats six months of age or older shall be vaccinated against rabies. All vaccinations shall be performed in accordance with the standards contained in the Compendium of Animal Rabies Control as amended, published by the National Association of State Public Health Veterinarians, Inc. KCC 11.04.530 Exemptions from chapter. The provisions of this chapter shall not apply to dogs and cats in the custody of an animal facility registered or licenses by the United States Department of Agriculture and regulated by 7 United States Code 2131, et seq. KCC 11.04.540 Unauthorized release of animals from confinement. No person other than the owner or person authorized by the owner of the animal shall release any animal from any confinement, vehicle or restraint unless the release is necessary for the immediate health and safety of the animal, though this section shall not apply to peace officers and animal care and control or humane officers. KCC 11.04.550 Monitoring and reporting. The regional animal services section shall report to the council no less than twice each year on the number of animals taken into King County's custody, the average length of stay for animals, the number of animals redeemed by their owners, the number of animals adopted, the number of animals transferred to other animal welfare organizations or agencies, the number of animals euthanized, the number of animals euthanized at an owner's request, the number of animals euthanized due to a determination of vicious temperament, the number of animals euthanized due to a determination that the animal had a poor or grave prognosis of health and was irremediably suffering, the number of animals that die of causes other than an administered method of euthanasia, the number of animals spayed or neutered, the number of animal cruelty cases, the number and type of pet licenses issued and the number of spay or neuter vouchers issued and redeemed. The reports shall include program revenues, expenditures, status of payments from cities for contractual services, an accounting for the use of the animal bequest funds and impacts to the general fund. These twice - annual reports shall be prepared concurrent with and include the reports developed for cities per the terms of any interlocal agreements for regional animal services. One paper copy and an electronic copy of each report shall be filed with the clerk of the council, who shall distribute electronic copies to all councilmembers. KCC 11.04.560 Public information education. The animal care and control authority in conjunction with the King County animal care and control citizen's advisory committee shall develop a public information and education campaign about responsible pet ownership, pet adoption and the benefits of spay and neuter operations. The campaign should be coordinated with other animal interest groups. The materials shall be made available to the general public and provided to each person obtaining a license or redeeming a pet. Materials shall be made available to and disseminated through veterinarians, pet shops, catteries, kennels and the media. The use of pro bono assistance from entities having expertise in public advertising or information campaigns is encouraged. KCC 11.04.570 Breeder certification program. The regional animal services section shall develop a breeder certification program, including a definition of the term "breeder," to promote the "best management practices" for the breeding and caring of Produced by the City of Tukwila, City Clerk's Office Page 7 -17 149 TUKWILA MUNICIPAL CODE animals. The proposed breeder certification program shall be submitted to the county council for approval. KCC 11.04.580 Canvassing program. The animal care and control authority shall develop and implement a twelve -month program to canvass for compliance with the licensing requirements of this chapter. The program shall be directed at households within unincorporated areas of King County and cities under contract with King County for animal care control services. Animal care and control authority employees and persons or organizations under contract to the animal care and control authority performing the canvassing may issue pet licenses and collect license fees. The canvassing program shall be reviewed by the animal care and control authority. Funding for subsequent years shall be reviewed annually based upon an evaluation of the efficacy of the canvassing program KCC 11.08 Dog Leash Law KCC 11.08.010 Purpose. Under chapter 16.10 RCW, it is the intention of King County to enforce a dog leash law in selected areas of King County. It is the intention of King County to administer a dog leash law in conjunction with the rules and regulations of the animal care and control authority in this title. KCC 11.08.020 Definitions. In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used in this chapter shall be given their common and ordinary meaning; in addition, the following definitions shall apply: A. At large" means to be off the premises of the owner and not under the control of the owner by leash; provided, that an animal within an automobile or other vehicle of its owner shall be deemed to be upon the owner's premises. B. "Lawful training" means to be engaged in training on the premises of the owner or on the land of another person by permission, or on public land that is set aside for training or is open for hunting or trapping; provided, that the dog is accom- panied afield by the owner or trainer. A "no- shooting" area shall not be interpreted to mean a "no- training" area. C. "Leash" includes a cord, thong or chain not more than fifteen feet in length by which an animal is physically controlled by the person accompanying it. D. "Restraint." An animal is considered to be under re- straint if it is maintained and remains within the property limits of its owner or keeper. KCC 11.08.030 Dogs at large prohibited in dog control zones. It is unlawful for owners, residing within a designated dog control zone, to allow their dogs to be at large or without restraint, except that this section shall not apply where the dogs are engaged in obedience training, lawful hunting activity, lawful competition sanctioned by a nationally recognized body or a local chapter thereof, or lawful training in preparation for such hunting or competition, are working dogs engaged in the herding of livestock, or are working dogs engaged in sanctioned search and rescue activities. KCC 11.08.035 Methods to establish dog control zones. There are two methods to establish dog control zones: A. By initiation of the county council pursuant to RCW 16.10; and B. By petition pursuant to K.C.C. 11.08.040. KCC 11.08.040 Petitions to create dog control zones. A. Petitions requesting the King County council to create a dog control zone shall be submitted to the office of the clerk of the council. The clerk of the council shall forward copies of the petitions and other materials to: 1. The office of the councilmember in whose district the proposed zone is requested; 2. The regional animal services section; and 3. The director of elections. B. Petitions shall be accompanied by a map and should include a legal description of the proposed zone. In addition, the petitions should contain: 1. The signatures, both written and printed legibly, of at least ten percent of the registered voters within the pro- posed zone; and 2. The popular addresses of the petitioners. C. Upon receipt of the copy of the filed petition, the re- gional animal services shall conduct a comprehensive review of the enforceability of the proposed boundaries and if neces- sary recommend alternative boundaries to the director of the department of executive services and the affected council - member. D. The department of elections shall: 1. Determine the approximate number of registered voters within the proposed zone; 2. Determine the number of signatures of registered voters in the petition; and 3. Forward the conclusions regarding the number of signatures of registered voters and total number of registered voters residing within the proposed zone to the office of the affected councilmember and the director of the department of executive services. E. The executive may recommend by ordinance a pro- posed dog control zone to the council based on the recom- mendation of the director of the department of executive ser- vices. F. In addition to other statutory requirements, the council may cause to occur any public meetings or notification through the local media as it considers necessary to ensure that af- fected citizens are aware of the proposed ordinance to create a dog control zone. G. If the King County council finds the formation of the petitioned area to be beneficial to be public health, safety and general welfare, it shall establish such a dog control zone by ordinance. The council shall consider, but is not limited to considering, the location, terrain and surrounding land use of the petitioned area. KCC 11.08.050 Violations - misdemeanor penalty. Any owner of an animal in violation of this chapter is guilty of a Page 7 -18 150 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS misdemeanor punishable by either a fine of not more than two hundred fifty dollars or imprisonment for a term not to exceed ninety days, or both. However, for the first thirty days following the enactment of each individual dog control zone, no penalty shall be assessed in those cases where a licensed animal is maintained in violation of this chapter and the animal care and control officer is able to determine the owner and, if impounded, return the animal to its owner directly from the site in which it was impounded. KCC 11.08.060 Violations - civil penalty. In addition to, or as an alternate to, any other penalty provided in this title or by general law, any person whose animal is maintained in viola- tion of this chapter shall incur a civil penalty plus billable costs of the regional animal services section. The penalty for a vi- olation shall be as provided in K.C.C. 11.04.035. However, for the first thirty days following the enactment of each individual dog control zone, no penalty shall be assessed for a violation of this chapter that occurs within the newly established dog control zone. Dog Control Zones are defined in KCC Sections11.08.075 through 11.08.310, and are available at: http: / /www,kingcounty.gov /council /legislation /kc code.aspx KCC 11.12 Rabies Control KCC 11.12.010 Quarantine order. Whenever the director of the Seattle -King County department of public health has cause to suspect that an animal capable of transmitting rabies is in- fected with the disease, the director shall order a period of quarantine of not less than ten days. The director shall notify in writing the owner or keeper of the infected animal of the quarantine order. The infected animal shall be quarantined by the regional animal services section in the in its shelter or upon the premises of the owner or licensed veterinarian where con- ditions of quarantine are strictly kept. The place of quarantine shall be at the discretion of the director, unless the animal had been exposed to rabies by contact, in which case K.C.C. 11.12.040 shall apply. Delivery of a copy of the quarantine order to some person of suitable age and discretion residing upon the premises where the animal is found shall be notice of the quarantine. Good cause for such an order of quarantine shall include, but is not limited to, evidence that the animal has bitten, or that there is reasonable certainty that the animal has bitten, a human being. During the period of quarantine, the officers, agents and employees of the regional animal services section, and other police officers, are authorized to enter any premises for the purpose of apprehending any such an animal and impounding the animal, except where the animal is kept upon the premises of the owner or licensed veterinarian as provided in this section. KCC 11.12.020 Notice of rabies hazard - quarantine pe- riod. Whenever the director of the Seattle -King County de- partment of public health determines that rabies is currently a hazard to the public health in King County, or any part thereof, incorporated or unincorporated, excepting cities of the first class, by reason of the fact that a case of rabies has been di- agnosed in any canine or feline animal, the director shall cause a notice of the hazard to be published in a newspaper of gen- eral circulation in the area for three successive days, which determination and notice shall declare the quarantine period and area. The quarantine period shall be thirty days after the last publication of notice; and it is a misdemeanor and is un- lawful for any owner, or person entitled to custody of such an animal, to keep or harbor any animal capable of transmitting rabies unless securely confined by a leash or tight enclosure from which it cannot escape. Any animal capable of transmit- ting rabies found running at large during such a period shall be impounded and euthanized by order of the director of the Seat- tle -King County department of public health or the director's agent named in K.C.C. 11.12.060. If apprehension and im- pounding by safe means is not possible, the animal may eu- thanized summarily by the agent. The director of the Seattle - King County department of public health may extend any such a quarantine period if deemed necessary by like additional determinations and notices. KCC 11.12.030 Violation of quarantine. It is a misdemeanor and is unlawful for any owner or person charged with the custo- dy of any animal subject to a quarantine defined in Sections 11.12.010 and 11.12.020 to permit any such animal to come in contact with any other animal or person or to run at large or to be removed from any quarantine premises without the consent of the director of Public Health. KCC 11.12.040 Euthanizing of infected animals. Any animal bitten by an animal found to be rabid by appropriate laboratory tests shall be euthanized by order of the director of the Seattle - King County department of public health. KCC 11.12.050 Vaccination order. Whenever the director of the Seattle -King County department of public health by order published in a newspaper of general circulation in the area for three successive days determines that conditions exist as indi- cated in K.C.C. 11.12.020 in a specified area wherein it is ne- cessary for the protection of the public health that animals ca- pable of transmitting rabies be vaccinated within thirty days with antirabies vaccine, the director shall order that all such animals four months old or older be so vaccinated or eutha- nized at the option of the owner or keeper, and it is a misde- meanor and is unlawful for any owner, or person charged with the custody of such an animal, to fail or refuse to procure the vaccination within the specified time. KCC 11.12.060 Enforcement. The director of the Seattle - King County Department of Public Health is authorized to enforce the provisions of this chapter, the ordinances and resolutions codified in it, and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions of Title 23. 11.20 Disposition of Fowl and Rabbits 11.20.010 Age restriction for disposition or coloration. It is unlawful for any person, firm or corporation to sell, offer for Produced by the City of Tukwila, City Clerk's Office Page 7 -19 151 TUKWILA MUNICIPAL CODE sale, barter or give away any fowl under three weeks of age or any rabbit under two months of age as a pet, toy, premium or novelty, or to color, dye, stain or otherwise change the natural color of any such fowl or rabbit. 11.20.020 Penalty for violations. Any person, firm or corporation violating this chapter is guilty of a misdemeanor as defined under the laws of the state of Washington, and upon conviction thereof shall be punished by a fine not to exceed three hundred dollars or by imprisonment in the county jail for a period not to exceed thirty days. KCC 11.24 Stock Restricted Area KCC 11.24.010 Stock restricted area. All of King County, except national forest lands owned by the federal government, is designated a stock restricted area in which it is unlawful to permit livestock, as defined in K.C.C. 21A,06.695, to run at large. KCC 11.24.030 Penalty. Any violation of this ordinance is a misdemeanor and the punishment shall be provided by the laws of the State of Washington. 11.28 Exotic Animals KCC 11.28.010 Chapter intent. It is the intent of the King County council to limit and set conditions on the possession or maintenance of exotic animals in order to preserve the public peace and safety and to assure the humane treatment of exotic animals. KCC 11.28.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. A. "Animal care and control authority" means the region- al animal services section in the records and licensing services division, acting alone or in concert with other municipalities for enforcement of the animal care and control laws of the county and state and the shelter and welfare of animals. B. "Director" means director of the department of execu- tive services. C. "Exotic animal" means any of the following: 1. Venomous species of snakes capable of inflicting serious physical harm or death to human beings; 2. Nonhuman primates and prosimians; 3. Bears; 4. Non - domesticated species of felines; 5. Non - domesticated species of canines and their hybrids, including wolf and coyote hybrids; and 6. The order Crocodylia, including alligators, crocodiles, caimans and gavials. KCC 11.28.030 Possession unlawful - exception - rules and regulations compliance. The possession or maintenance of an exotic animal within King County by private citizens as pets is prohibited unless the owner possessed or maintained the exotic animal on or before June 10, 1994, and agrees to promptly act to satisfy the licensing requirements in K.C.C. 11.28.040 through 11.28.090 and such rules and regulations as the animal care and control authority may adopt as provided in K.C.C. chapter 2.98 regarding the maintenance of the animals. KCC 11.28.040 License - issuance generally - fees. The animal care and control authority may cause to be issued an exotic animal owner's license that shall authorize the licensee to possess or maintain all or some of such species of exotic animals are specified according to K.C.C. 11.28.030 if the application is accompanied by payment of the license fee, contains the information required by K.C.C. 11.28.050 and meets the cage or confinement rules and regulations of the animal care and control authority. The fee for the license shall be as provided for in K.C.C. 11.04.035. All licenses shall expire one year from the original application, KCC 11.28.050 License - application - content. A verified application for an exotic animal owner's license made in triplicate shall be filed by the applicant with the animal care and control authority. The application shall contain the following: A. A legal or otherwise adequately precise description of the premises that the applicant desires to use under the re- quired license; B. Whether the applicant owns or rents the premises to be used; C. If the applicant rents the premises, a written acknowl- edgment by the property owner that the applicant has the owner's permission to carry on the activity as described in the license application for the duration of the license; D. The extent of improvement upon the premises; E. A map or diagram of the premises showing where the improvements are located thereon; F. A statement indicating the species of exotic animal that the applicant desires to possess or maintain; G. A statement indicating how the animal will be caged or otherwise confined, accompanied with a drawing detailing the dimensions of and the materials used for the cage or simi- lar confinement; and H. Such further information as may be required by rules and regulations of the animal care and control authority. KCC 11.28.060 License - issuance - inspection. If, after investigation by the manager of the regional animal services section, it appears that the applicant is the owner or tenant of or has a possessory interest in the property shown in the ap- plication; if applicable, has the written permission of the prop- erty owner as specified in K.C.C. 11.28.050 and that the appli- cant intends in good faith to possess or maintain an exotic animal in accordance with the law and the rules and regula- tions of the regional animal services section, the regional ani- mal services section shall issue a license to the applicant de- scribing therein the premises to be used by the licensee and certifying that the licensee is lawfully entitled to use the same for the possession or maintenance of the exotic animal or ani- mals specified in the license. However, before issuing the license, the regional animal services section shall inspect the Page 7 -20 152 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS cage or other confinement as required by rule or regulation and specified in the licensee's application in order to determine whether the cage or confinement meets the standard specifica- tions for the classification of the exotic animal. If the cage or confinement is deemed inadequate, the applicant shall make such changes as are necessary to meet the standard specifi- cations before the license shall be issued. KCC 11.28.070 Periodic inspection of premises. The manager of the regional animal services section, or any other officer authorized by the manager, may make routine periodic inspections of a licensee's premises and records in order to determine the number, kind, weight and condition of exotic animals possessed by the licensee, and for purposes of enforcing this chapter and the rules and regulations of the regional animal services section. KCC 11.28.080 License revocation - notice - hearing. The animal care and control authority may revoke, suspend or refuse to renew any exotic animal owner's license upon good cause for failure to comply with any provision of this chapter or the rules and regulations of the animal care and control authority authorized by this chapter, though the violator shall be first notified of the specific violation or violations and, if the violation can be remedied, the violator shall have fifteen days after receiving the notice of violation to correct the violation. Also, enforcement of such revocation, suspension or refusal shall be stayed during the pendency of an appeal filed in the manner provided by K.C.C. 11.04.270. KCC 11.28.090 Violation - penalty. Any person possessing or maintaining an exotic animal in King County without an exotic animal owner's license as provided herein, or transferring possession of an exotic animal to a person not licensed as provided by this chapter, is guilty of a misdemeanor and is subject to a fine not to exceed two hundred fifty dollars and/or by imprisonment not to exceed ninety days. KCC 11.28.100 Euthanasia in exigent circumstances. An exotic animal possessed or maintained in violation of this chapter or the rules and regulations of the animal care and control authority may be subject to euthanasia as defined in K.C.C. 11.04.020.F. if any one of the following exigent circumstances is deemed to exist by the manager of the animal care and control authority section: A. The exotic animal presents an imminent likelihood of serious physical harm to the public and there is no other reasonably available means of abatement; B. There is no reasonable basis to believe that the violation can be or in good faith will be corrected and after reasonable search or inquiry by the animal care and control authority no facility as authorized by local, state or federal law is available to house the exotic animal; or C. The exotic animal suffers from a communicable dis- ease injurious to other animals or human beings, though this subsection shall not apply if the animal is under treatment by a licensed veterinarian and may reasonably be expected to recov- er without infecting other animals or human beings. KCC 11.28.110 Chapter limitations. A. The purpose of this chapter is to prohibit the private ownership of exotic animals as pets. Therefore, the provisions of this chapter shall not apply to any facility possessing or maintaining exotic animals as defined in this chapter which is owned, operated or maintained by any city, county, state or the federal government, including but not limited to public zoos, nor shall it apply to museums, laboratories and research facili- ties maintained by scientific or educational institutions, nor to private or commercial activities such as circuses, fairs, or pri- vate zoological parks which are otherwise regulated by law, nor to any recognized program engaged in the training of exot- ic animals as defined in this chapter for use as service animals by disabled citizens. B. Breeding, or allowing the reproduction of, exotic ani- mals as defined in this chapter is prohibited, provided that this prohibition shall not apply to any governmental facility pos- sessing or maintaining exotic animals nor shall it apply to pri- vate or commercial activities as set forth in section A. 11.32 Guard Dogs KCC 11.32.010 Intent. It is the intent of the King County coun- cil to set reasonable requirements and conditions governing the training, selling and conveying of guard dogs and the use of such animals for the protection of person and /or property. The council finds such regulation is necessary to preserve the public peace and safety and to insure the humane treatment of said animals. KCC 11.32.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. A. "Animal care and control authority" means the region- al animal services in the records and licensing services divi- sion, acting alone or in concert with other municipalities in the enforcement of the animal care and control laws of the county and state. B. "Director" means director of the department of execu- tive services. C. "Guard dog" means any member of the dog family Canidae that has been trained or represented as trained to protect either person or property, or both, by virtue of exhibiting hostile propensities and aggressiveness to unauthorized per- sons. D. "Guard dog purveyor" means any person, firm or cor- poration supplying guard dogs to members of the public. E. "Guard dog trainer" means any person, either as an individual or as an employee of a guard dog purveyor, whose prime function is the training of dogs as guard dogs. F. "Rules and regulations of the regional animal services section" means such rules and regulations, consistent with the intent of this chapter, as may be adopted by the regional ani- mal services section under K.C.C. chapter 2.98. KCC 11.32.030 Guard dog purveyor - license - fee. A. It is unlawful for any person, firm or corporation to supply guard dogs to the public without a valid license so to do Produced by the City of Tukwila, City Clerk's Office Page 7 -21 153 TUKWILA MUNICIPAL CODE issued to the person, firm or corporation by the animal care and control authority. Only a person who complies with this chapter and such rules and regulations of the animal care and control authority as may be adopted in accordance with this chapter shall be entitled to receive and retain such a license. Licenses shall not be transferable and shall be valid only for the person and place for which issued. The licenses shall be valid for one year from issue. B. The fee for the license shall be two hundred fifty dollars per year, but if the guard dog purveyor is in possession of a valid animal shelter, kennel and pet shop license, the fee for the guard dog purveyor license shall be reduced by the amount of the animal shelter, kennel and pet shop license. KCC 11.32.040 Guard dog purveyor - license - application. Any person desiring to supply guard dogs to the public shall make written application for a license on a form to be provided by the animal care and control authority. The application shall be filed with the animal care and control authority and shall include the following: A. A legal description of the premises or the business address of the office from which the applicant desires to supply guard dogs; B. A statement of whether the applicant owns or rents the premises to be used for the purpose of purveying guard dogs. If the applicant rents the premises, the application shall be accompanied by a written statement of acknowledgment by the property owner that the applicant has the property owners permission to purvey guard dogs on the premises for the dura- tion of the license; and C. A written acknowledgment by the applicant that be- fore the actual commercial sale or purveyance of any and all guard dogs the licensee shall coordinate with the animal care and control authority in properly marking the guard dog and in notifying all customers of the guard dog purveyor that the cus- tomer is required to register the guard dog and pay the appro- priate registration fee to King County before the animal per- forming guard dog functions. KCC 11.32.050 Guard dog trainer - license required - fee. A. It is unlawful for anyone to engage in the training of dogs as guard dogs without a valid license so to do issued to the person by the animal care and control authority. Only a person who complies with this chapter and the rules and regulations of the animal care and control authority shall be entitled to receive and retain such a license. Licenses shall not be transferable and shall be valid only for the person for which they were issued. Licenses shall be valid for one year from issue. B. The cost of the license to each guard dog trainer shall be fifty dollars per year. KCC 11.32.060 Guard dog trainer - license - application. Any person desiring to train dogs as guard dogs shall make written application for a license on a form to be provided by the animal care and control authority. All such applications shall be filed with the animal care and control authority and shall contain the following: A. A legal description or business address of the pre- mises at which the applicant desires to train the guard dogs; B. A statement of whether the applicant is self - employed or a member of a business, firm, corporation or organization that trains guard dogs. If the applicant is a member of such a busi- ness, firm, corporation or organization, the applicant shall state the name of the entity and shall provide the name of the major executive officer of the entity; and C. If the premises at which the applicant proposes to train dogs as guard dogs is rented, the application must be accom- panied by a written statement of acknowledgment from the property owner that the applicant has the owner's permission to carry on the activity of guard dog training at the location for the duration of the license. KCC 11.32.070 Guard dog - registration. All persons using dogs as guard dogs shall register the dogs with the animal care and control authority. The cost of the registration shall be as provided in K.C.C. 11.04.035. The registrations shall be valid for one year from date of issue. All registrations shall be affixed on the guard dog in such a manner so as to be readily identifiable. KCC 11.32.080 Guard dog - registration - application. Any person desiring to use a guard dog shall register the dog with the animal care and control authority and the registration shall be accompanied by the following information: A. A legal description or business address of the pre- mises that the applicant desires to employ a registered guard dog to prevent unauthorized intrusion; B. A statement whether the applicant owns or rents the premises to be guarded. If the applicant rents the premises, the application must be accompanied by a written statement of acknowledgment from the property owner that the applicant has the owner's permission to use a guard dog on the premis- es to prevent unauthorized intrusion for the duration of the registration; C. A description of the guard dog for purposes of identi- fication; D. Acknowledgment by the applicant of whether the guard dog has been trained as a guard dog to exhibit hostile propensities; E. Acknowledgment by the applicant that the premises to be guarded has devices, such as fencing, to prevent general access by the public during those times the guard dog is used for purposes of protecting the premises and persons for unau- thorized intrusion. The acknowledgment shall contain a state- ment that the premises is properly signed to forewarn the pub- lic of the presence of a guard dog; and F. Acknowledgment by the applicant that the guard dog will be maintained in such a manner as to ensure the safety of the public and the welfare of the animal. KCC 11.32.090 Inspections. The manager of the regional animal services section or the manager's authorized representative shall inspect all premises that are the subject of the licenses and registrations required in this chapter before Page 7 -22 154 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS the issuance of licenses or registrations. The inspections shall include, but not be limited to, a verification that adequate measures are being taken to protect the health, welfare and safety of the general public and to ensure the humane treatment of the guard dogs. If the premises are deemed inadequate, the regional animal services section shall direct the applicant to make such changes as are necessary before the license or registration is issued. The manager of the regional animal services section or the manager's authorized representative may make the inspections of a licensee's premises or the premises of an area guarded by a registered guard dog for the purpose of enforcing this chapter and the rules and regulations of the regional animal services section. KCC 11.32.100 Enforcement authorization. In protecting the health, safety and welfare of the public; to enforce the laws of the state of Washington as they pertain to animal cruelty, shelter, welfare and enforcement of control; the manager of the regional animal services section and the manager's authorized officers are authorized to take such lawful action in exercising appropriate powers and responsibilities in Article III of Ordinance 1396 and K.C.C. chapter 11.04. KCC 11.32.110 Limitations. The provisions of this chapter shall not apply to any facility possessing or maintaining dogs or guard dogs as defined in this chapter which is owned, and operated or maintained by any city, county, state or the federal government; provided, private parties renting or leasing public facilities for commercial purposes as specified in this chapter shall not be exempt. (Ord. 2306 `2, 2010) Sections: 7.16.010 7.16.020 7.16.030 7.16.040 7.16.050 CHAPTER 7.16 DANGEROUS DOGS Definitions Dangerous and Potentially Dangerous Dogs — Registration, Prohibitions, Etc. Additional Dangerous Dog Regulations Declaration of Dangerous and Potentially Dan- gerous Dogs Violations - Penalty 7.16.010 Definitions A. 'Anima/" means any living creature except Homo Sa- piens, insects and worms. B. 'Animal Control Authority" means the department of the City charged with the responsibility of administering the provisions of this chapter, or the department and any other governmental body to which this responsibility is contractually delegated and which is thereby charged with the duty of en- forcing the animal control laws of the City and with the shelter and welfare of animals. C. "Animal Control Officer" means any individual em- ployed, contracted, or appointed by the King County Animal Control Authority for the purpose of aiding in the enforcement of this Chapter or any other law or ordinance relating to the licensing of animals, control of animals, or seizure and im- poundment of animals; and includes any State or municipal peace officer, sheriff, constable, or other employee whose du- ties in whole or in part include assignments which involve the seizure and taking into custody of any animal. D. "City "shall mean the City of Tukwila. E. "County" or 'King County" shall mean Metropolitan King County. F. "Dangerous dog "means any dog that: 1. Bites or inflicts severe injury on a human being or a domestic animal without provocation on public or private property; or 2. In an aggressive manner, inflicts severe injury or kills a domestic animal or other animal protected under Feder- al, State or local laws, without provocation while off the own- er's property; or 3. Has been previously found to be potentially dan- gerous, the owner having received notice of such, and the dog again aggressively bites, attacks or endangers the safety of humans or domestic animals. (Definition of Potentially Dangerous Dog: see Item I.) G. "Owner" means any person, firm, corporation, or- ganization or department having an interest in or right of pos- session to an animal, or having control, custody or possession of an animal, including possession by reason of the animal being seen residing consistently at a location. Produced by the City of Tukwila, City Clerk's Office Page 7 -23 155 TUKWILA MUNICIPAL CODE H. 'Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. I. 'Potentially dangerous dog" means any dog that, when unprovoked: 1. Chases, charges at, or tries to attack, caus- ing a person to take defensive action in order to prevent bodily injury; or 2. Approaches a person on the streets, side- walks, public or private property other than the dog owner's property, in a menacing fashion or apparent attitude of attack; or 3. With a known propensity, tendency or dis- position to attack, unprovoked, to cause injury or otherwise threaten the safety of humans or domestic animals; or 4. Bites a domestic animal off the dog owner's property, causing the animal's skin to be broken. J. "Severe inJury "means any physical injury that re- sults in broken bones or lacerations requiring multiple sutures or cosmetic surgery. (Ord. 23060:3, 20701 7.16.020 Dangerous and Potentially Dangerous Dogs - Registration, Prohibitions, Etc. A. It is unlawful for an owner to have a dangerous dog or a potentially dangerous dog, as defined in TMC 7.16.010, in the City without fulfilling the requirements of the City and of the Animal Control Authority. B. No potentially dangerous dog or dangerous dog shall go unrestricted upon the premises of the owner. Further, no potentially dangerous or dangerous dog shall be kept on a porch, patio or in any part of a house or structure which would allow such dog to exit the building on its own volition. C. All potentially dangerous and dangerous dogs shall be securely confined indoors or in a secure enclosure. Such an enclosure can be a pen, dog run, or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen, structure, or dog run shall have secure sides and a secure top. The sides of the enclosure shall not directly adjoin a neighboring property. If the pen, structure, or dog run area has no bottom secured to the sides, the sides shall be embedded not less than two feet into the ground. An enclosure with doors, windows, or other openings enclosed solely by wire or mesh screening shall not be considered a proper enclosure as defined in this section. D. No person owning or harboring, or having the care of, a potentially dangerous or dangerous dog shall suffer or permit such dog to go beyond the premises of such person, unless such dog is securely muzzled in a manner that will not cause injury to the dog but shall prevent it from biting any person or animal; and is restrained with a chain having a minimum ten- sile strength of 300 pounds and not exceeding three feet in length. E. Any corrective actions available under King County Code Chapter 11.04 must be made as required by an animal control officer. F. No person shall own or possess with intent to sell, or offer for sale, breed, or buy or attempt to buy within the City any potentially dangerous or dangerous dog. G. No person shall own or harbor any dog for the pur- pose of dog fighting, or train, torment, badger, bait or use any dog for the purposes of causing or encouraging said dog to unprovoked attacks upon human beings or domestic animals. (Ord. 2306 §3, 2010) 7.16.030 Additional Dangerous Dog Regulations Dangerous dogs, which have been shown to be a particu- lar threat to the health, safety, and welfare of the community, may be subject to additional dangerous dog regulations as follows: 1, A dog that has been declared dangerous may be removed and destroyed if the release of the dog would create a significant threat to the health, safety, and welfare of the pub- lic; 2. If it is determined that a dangerous dog shall not be removed or destroyed, the Animal Control Authority shall impose any additional conditions upon the ownership of the dog that protect the health, safety and welfare of the public; 3. The owner of a dangerous dog that is not removed and destroyed shall be required to have a surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a sum not less than $250,000 payable to a person injured by the dog; or a policy of liability insurance, such as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner or kee- per for personal injuries inflicted by the dangerous dog, with a certificate from the insurer providing for written notice to the City within 30 days of cancellation, reduction of limits, or termi- nation of coverage; and 4. A copy of the surety bond or liability insurance pol- icy shall be provided to the City before the dangerous dog is returned to Tukwila to live. (Ord. 2306 §3, 2010) 7.16.040 Declaration of Dangerous and Potentially Dangerous Dog A. Provision for declaring dangerous and potentially dangerous dogs. Based on an investigation, the Animal Con- trol Authority may find and declare a dog potentially dangerous or dangerous if it has probable cause to believe that the dog falls within the definitions set in TMC 7.16.010. For the pur- poses of this chapter, the determination of probable cause may include: 1. The written complaint of a citizen who is willing to testify that the dog has acted in a manner which causes it to fall within the definitions in TMC 7.16.010; or 2. Dog bite reports filed with the Animal Control Au- thority; or Page 7 -24 156 Produced by the City of Tukwila, City Clerk's Office TITLE 7 — ANIMALS 3. Actions of the dog witnessed by any Animal Con- trol Officer or law enforcement officer; or 4. A verified report that the dog previously has been found to be either potentially dangerous or dangerous by any Animal Control Authority; or 5. Other substantial evidence admissible in a court of law. B. Exception. Dogs shall not 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 of the dog, or was tor- menting, abusing, or assaulting the dog, or in the past has been observed or reported to have tormented, abused, or as- saulted the dog, or was committing or attempting to commit a crime. C. Declaration, service to owner in writing. The dec- laration shall be in writing, and shall be served on the owner or keeper in one of the following methods: 1. Certified mail to the owners or keeper's last known address; or 2. Personally delivered; or 3. Posting the notice of violation and order on the front door of the living unit of the owner or person with right to control the dog if said owner or person is not home; or 4. If the owner or keeper cannot be located by one of these methods, by publication in a newspaper of general circulation. The owner or keeper of any dog found to be a po- tentially dangerous or dangerous dog under this section shall be assessed all actual service costs expended under this sub- section. D. Declaration, information required. The declaration set forth in this section shall state at least: 1. A description of the dog; 2. The name and address of the owner or keeper of the dog, if known; 3. The whereabouts of the dog if it is not in the cus- tody of the owner or keeper; 4. The facts upon which the declaration is based; 5. The availability of a hearing in case the person objects to the declaration, if a request is made within 14 days; 6. The restrictions placed on the dog as a result of the declaration; and 7. The penalties for violation of the restrictions, in- cluding the possibility of destruction of the dog, and imprison- ment or fining of the owner or keeper. E. Declaration appeal procedure. If the owner or kee- per of the dog wishes to contest the declaration, the following procedures shall apply: 1. The owner or keeper shall, within 14 days of re- ceipt of the declaration, or within 14 days of the publication of the declaration, or within 14 days of the publication of the dec- laration pursuant to 7.16.040(C), request a hearing from the Tukwila Hearing Examiner. Failing to exhaust this administra- tive appeal process shall be a bar to action in a court of law. Any appeal decision issued by the Tukwila Hearing Examiner can be appealed in Superior Court. 2. If the Tukwila Hearing Examiner finds there is in- sufficient evidence to support the declaration, it shall be res- cinded and the restrictions imposed thereby vacated. 3. If the Tukwila Hearing Examiner finds sufficient evidence to support the declaration, then it shall be affirmed. 4. If the Tukwila Hearing Examiner finds that the dog is not a potentially dangerous or dangerous dog, no costs shall be assessed against the City or the Animal Control Au- thority or officer. (Ord. 2306 §3, 2070) 7.16.050 Violation - Penalty. Any dangerous dog shall be immediately confiscated by the Animal Control Authority if the dog is not maintained in a secure enclosure, or if the dog is allowed to go beyond the owner's premises without leash or muzzle restraints, or either a required surety bond or liability insurance of $250,000 is not valid. The owner must pay the costs of confinement and con- trol. The Animal Control Authority must serve notice upon the dog owner in person, to the owner's residence, or by regular and certified mail, return receipt requested, specifying the rea- son for the confiscation of the dangerous dog, that the owner is responsible for payment of the cost of confinement and control, and that the dog will be destroyed by Animal Control in an ex- peditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within 20 days. In addi- tion, the owner shall be guilty of a gross misdemeanor punish- able in accordance with RCW 9A.20.021. ( ©rd. 2306 §3, 2010) Produced by the City of Tukwila, City Clerk's Office Page 7-25 157 TUKWILA MUNICIPAL CODE CHAPTER 7.20 DOGS AT LARGE AND LEASHES Sections: 7,20.010 Definitions 7.20.020 Dogs at Large — Requirement of a Leash or Chain 7.20.030 Penalties 7.20.010 Definitions A. 'Anima/" means any living creature except Homo Sapiens, insects and worms. B. "City "shall mean the City of Tukwila. C. "Owner" means any person, firm, corporation, organization or department having an interest in or right of possession to an animal, or having control, custody or possession of an animal, including possession by reason of the animal being seen residing consistently at a location. D. "Person" means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. (Ord. 2306 §4, 2010) 7.20.020 Dogs at Large - Requirement of a Leash or Chain It shall be a violation of this chapter for any owner or custodian to cause, permit or allow any dog owned, harbored, controlled or kept by him /her in the City to roam, run or stray away from the premises where the dog is owned, harbored, controlled or kept; except that, while away from the premises, the dog shall at all times be controlled by the owner or some duly authorized and competent person by means of a leash or chain not exceeding eight feet in length, provided that such leash or chain is not required for any dog when otherwise safely and securely confined or completely controlled while in or upon any vehicle. Any law enforcement officer shall have the authority to issue civil infractions under this provision. (Ord. 2403,j1, 2013; Ord. 2306 §4, 2010) 7.20.030 Penalties A. Violation, civil penalty. In addition to any other penalty provided in this title or by law, any person whose dog is maintained in violation of this title shall incur a civil penalty plus billable costs of the Animal Control Authority. The penalty shall be $50 for the first notice of violation, $75 for the second violation in any one -year period, and $200 for each successive violation. B. Civil penalty, collection. The civil penalty described in TMC Section 7.20.030(A) is the personal obligation of the dog owner. The Animal Control Authority, on behalf of King County, and the City Attorney, on behalf of the City, may collect the civil penalty by use of all appropriate legal remedies. C. Cost of enforcement, collection. In addition to the costs and disbursements provided for by statute, the prevailing party in a collective action under this chapter may, in the court's discretion, be allowed interest and a reasonable attorney's fee. The City Attorney shall seek such costs, interest, and reasonable attorney's fees on behalf of the City or County when the City is the prevailing party. (Ord. 2306 §4, 2010) Page 7 -26 158 Produced by the City of Tukwila, City Clerk's Office City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes December 9, 2014 — 5:30 p.m. — Hazelnut Conference Room PRESENT Councilmembers: Joe Duffie, Chair; Dennis Robertson, Verna Seal Staff: Ann Marie Soto, Jon Harrison, Laurel Humphrey CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Ordinance: Amending Tukwila Municipal Code Title 7 Relating to Animal Care and Control Staff is seeking Council approval of an ordinance that would amend several sections in Tukwila Municipal Code (TMC) Title 7 relating to animal care and control. The proposal would clarify roles and responsibilities for the City and for Regional Animal Services of King County and would also a key inconsistency between King County's Code and City regulations regarding leash control of dogs. The ordinance proposes that the previous leash or chain requirement to keep dogs under control be expanded to also include signal control devices such as remote dog training collars. The proposed ordinance keeps King County's Code largely intact, but rewritten in TMC format rather than adopted by reference as before. Other items that are now included are regulations for allowed numbers of livestock, behavioral exemptions for police service dogs, enforcement by any law enforcement officer (in addition to animal control officers), clarification of definitions, and other housekeeping items for clarity and accurancy. Committee members and staff discussed the draft ordinance. In new section 7.08.090 B.3, the Committee requested the following insertions: "3. Not more than three small livestock animals for each 10,000 square feet of property, but not more than a total of six of the above - mentioned animals shall be allowed on the same lot." The Committee also discussed the expansion to include "signal control" in addition to leashes and chains for keeping dogs under control. They chose to retain the provision but provide a definition for greater clarity. Councilmember Robertson will work with Ms. Soto to provide a definition for inclusion in the Committee of the Whole packet. UNANIMOUS APPROVAL. FORWARD TO JANUARY 12, 2015 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Meeting adjourned at 6:08 p.m Nexteeting: TBD 2015 Minutes by LH Committee Chair Approval 159 160 COUNCIL AGENDA SYNOPSIS illeetingDale Prepared by review Co nci„. PieW 01/12/15 SB All.e,1 , C 9194 01/20/15 SB Bid Award ANDate Public Hearing AltgDate E Other Mg Date /24/14 CAT1';GORY Discussion ' Mtg Dale Mfg SPONSOR Council 111 Mayor 1/R E Da) ___,---- Finance .17fre E IT — Pe7R Police E PIV SPONSOR'S The City negotiation team and Teamsters Local Union No. 763 (representing Senior SUMMARY Program Manager employees) bargaining team opened labor negotiations on October 2, 2014, in an effort to reach an agreement on a first labor contract. A tentative agreement has been reached and information is being presented for City Council approval and to authorize the Mayor to sign the Collective Bargaining Agreement (CBA). RI :VII AVI M 13Y COW Mtg. — CA&P Cmte F&S Cmte n Transportation Cmte Utilities Cmte i \ rts Comm. Parks Comm. P Planning Comm. DATE: N/A COMMITTEE CHAIR: ITEM INFORMATION ITEM No. 3.D. 161 STAFF SPONSOR: STEPHANIE BROWN ORIGINAL AG1NDA DAM: AG kND.1. PITA TIT1,1 Authorize the Mayor to sign a Collective Bargaining Agreement (CBA) with Teamsters Local Union No. 763 representing the Senior Program Managers for contract years 2015-2016. 01/12/15 Motion Date 01/20/15 E Resolution Mtg Date Ordinance Mtg. Date Bid Award ANDate Public Hearing AltgDate E Other Mg Date /24/14 CAT1';GORY Discussion ' Mtg Dale Mfg SPONSOR Council 111 Mayor 1/R E Da) ___,---- Finance .17fre E IT — Pe7R Police E PIV SPONSOR'S The City negotiation team and Teamsters Local Union No. 763 (representing Senior SUMMARY Program Manager employees) bargaining team opened labor negotiations on October 2, 2014, in an effort to reach an agreement on a first labor contract. A tentative agreement has been reached and information is being presented for City Council approval and to authorize the Mayor to sign the Collective Bargaining Agreement (CBA). RI :VII AVI M 13Y COW Mtg. — CA&P Cmte F&S Cmte n Transportation Cmte Utilities Cmte i \ rts Comm. Parks Comm. P Planning Comm. DATE: N/A COMMITTEE CHAIR: RECOMMENDATIONS: sPoNsoR/ADmiN. Commniff, Human Resources Department COST IMPACT / FUND SOURCE EXPINDITURI RI (.,),l) IRI D AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Connnents: MTG. DATE RECORD OF COUNCIL ACTION 01/12/15 MTG. DATE ATTACHMENTS 01/12/15 Informational Memorandum dated January 7, 2015. (Copy of 2015-2016 Labor Agreement provided under separate cover.) 01/20/15 161 162 fi',1,:00 1;14,0,k '414ny 44'01`0,1,, TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Stephanie Brown, Human Resources Director DATE: January 7, 2015 SUBJECT: Teamsters' Local #763 representing Senior Program Managers for a new Collective Bargaining Agreement (2015-2016) BACKGROUND The City negotiations team and Teamsters Local #763 representing the Senior Program Managers, opened labor negotiations on October 2, 2014, to establish their first collective bargaining agreement. A tentative agreement was reached between the parties on December 18, 2014, which resulted in a two year contract (2015-2016). In alignment with Council initiatives and budget considerations in future years, the City and Union negotiated this new agreement upon mutual interest. The contract provides for a wage increase of 90% of CPI-W (June) for 2015 and 2016. Overall, the negotiation process was a collaborative effort by both parties. RECOMMENDATION The City Council is being asked to authorize the Mayor to sign this first collective bargaining agreement, (2015-2016) between the City and Teamsters' Local #763 representing the Senior Program Managers at their regular meeting on Tuesday, January 20, 2015. 163 164 Upcoming Meetings & Events January 2015 12th (Monday) 13th (Tuesday) 14th (Wednesday) 15th (Thursday) 16th (Friday) 17th (Saturday) > City Council Work Session 5:30 PM (Council Chambers) > City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) > Tukwila International Boulevard Action Cmte, 7:00 PM (Community Center) > Tukwila Historical Society, 7:00 PM (Tukwila Heritage & Cultural Center, 14475 59t Ave S.) 19th (Monday) 20th (Tuesday) 21st (Wednesday) 22nd (Thursday) 23rd (Friday) 24th (Saturday) M.L. King, Jr. Day City offices Closed > Transportation Cmte, 5:30 PM (Foster Conference Room) ➢ City Council Executive Session, 6:30 PM (Hazelnut Conference Room) > City Council Regular Mtg., 7:00 PM (Council Chambers) > Park Commission, 5:30 PM (Community Center) > Finance & Safety Cmte, 5:30 PM (Hazelnut Conference Room) Martin Luther King Jr. Day of Service 9:30 — 11:30 AM (Community Center) Volunteers of all ages and ability levels are welcome! Various projects include: weeding, mulching, trash pickup and habitat restoration. Come join us on the National Day of Service, a day on, not a day offl City Council Retreat January 23 - 24 ➢Arts Commission: lst Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 -767 -2342. ➢ City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. ➢City Council Regular Meeting: lst & 3rd Mon., 7:00 PM, Council Chambers at City Hall. ➢ Civil Service Commission: lst Mon., 5:00 PM, Hazelnut Conf. Room. Contact Kim Gilman at 206- 431 -2187. Community Affairs & Parks Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room. ➢COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Portman at 206- 431 -2197. > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Trantina at 206- 433 -1868. ➢ Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. ➢ Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 - 767 -2342. > Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308. ➢ Planning Commission /Board of Architectural Review: 4°' Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wyneua Bivens at 206 -431 -3670. >Transportation Committee: lst & 3rd Mon., 5:30 PM, Foster Conf. Room. >Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59i° Avenue S. Contact Joan Hernandez at 206 -248 -0260. >Tukwila 1nt'I. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206- 433 -1815. ➢ Utilities Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf. Room. 165 Tentative Agenda Schedule January 5 12 See agenda packet cover sheet for this week's agenda (January 12, 2015 Committee of the Whole Meeting). 20 (Tuesday) Special Presentation - Allentown Neighborhood Canvass Project. Unfinished Business: -An ordinance updating Tukwila Municipal Code (TMC) Title 7. -PSERN ILA. - Collective Bargaining agreement. -An agreement with Carollo Engineering relating to revisions to the Water Comprehensive Plan. 20 Special Issues: - Council participation on Boards/ Commissions. - A resolution relating to 2015 Legislation Priorities. - An agreement relating to the sale of Tukwila Village Library Parcel. SPECIAL MEETING: Unfinished Business: -A resolution relating to 2015 Legislative Priorities. February 2 Special Presentation - Highline College: Small Business Development in Tukwila. Unfinished Business: -An agreement relating to the sale of Tukwila Village Library Parcel. 9 16 23 166