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Home My WebLink AboutReg 2008-02-04 Item 7H - Ordinance - TMC Section 7.04 Regarding Appeal Process of Dangerous Dogs COUNCIL AGENDA S YNOPSIS llA, y L s k a� 1 Initials ITEM NO. 1 rllzzt Date I Prepared b I Mayor'. nuiew Council review I 01/28/08 I PBB 1 c bra 2 ii: I 02/04/08 1 PBB I' 15-7. 190B d f I I I 1 1 1- 1• ITEM INFORMATION I CAS NUMBER: 08-014 IORIGINALAGENDA DATE: JANUARY 28, 2008 AG :ND:\ ITE,M Trri.E Ordinance Amending TMC Chapter 7.04, regarding the appeal process of a dangerous or potentially dangerous dog. C.v!I,GoRv Discussion Motion n Resolution Orthnance n Bid Award n Public Hearing 1 I Other 11Mtg Date 1/28/08 lJtg Date ilitg Date Mlltg Date 2 /4/08 11Itg Date Ai Date 1•Itg Date !SPONSOR U Council n lylayor Aclrn Svcs DCD I I Finance Fire Lega/ n P &R I I Police n PIV SPONSOR'S Currently, dangerous and potentially dangerous dog designation appeals go before the SUNIMARY King County Animal Control Authority Board of Appeals. The proposed ordinance would amend the TMC so that these types of appeals would go before the City's Hearing Examiner. RI• \•I1 w1.11 BY COW Mtg. n CA &P Cmte F &S Cmte I I Transportation Cmte 1 1 Utilities Cmte n Arts Comm. n Parks Comm. I 1 Planning Comm. DA 1E: 1/23/08 RECOMMENDATIONS: SPONSOR/ADMIN. Approve COMiMITrEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION I 1/28/08 1 Forward to Regular Meeting I I MTG. DATE I ATTACHMENTS 1/28/08 1 Informational Memorandum dated 1/16/08 with attachments (Due to the shortened work week, Finance Safety Committee Minutes are pending) 2/04/08 1 Ordinance in final form I I I I 1 f 190a C ity of Tukwil Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2011, AS CODIFIED AT SECTIONS 7.04.090 AND 7.04.100 OF THE TUKWILA MUNICIPAL CODE, REGARDING THE APPEAL OF A DANGEROUS OR POTENTIALLY DANGEROUS DOG DESIGNATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the appeal procedure set forth under Tukwila Municipal Code Section 7.04.090, "Declaration of Dangerous and Potentially Dangerous Dog," provides that an owner or keeper of a dog deemed dangerous or potentially dangerous may contest such designation before the King County Animal Control Authority Board of Appeals; and WHEREAS, because Tukwila's dangerous dog provisions differ from those of King County, the City Council desires to amend the appeal procedure so that appeals of dangerous dog and potentially dangerous dog designations go before the Tukwila Hearing Examiner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 7.04.090, "Declaration of Dangerous and Potentially- Dangerous Dogs," Amended. Ordinance No. 2011, as codified at TMC 7.04.090E, is hereby amended to read as follows: E. DECLARATION APPEAL PROCEDURE. If the owner or keeper of the animal 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 7.04.090C, 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 animal is not a potentially dangerous or dangerous dog, no costs shall be assessed against the City or the Animal Control Authority or officer. Section 2. TMC 7.04.100, "Declaration Impoundment and Abatement," Amended. Ordinance No. 2011, as codified at TMC 7.04.100A, is hereby amended to read as follows: A. IMPOUNDMENT. Following service of a declaration of potentially dangerous or dangerous dog, and pending appeal under TMC 7.04.090E, the Animal Control Authority may, if circumstances require, impound the animal at the owner's or keeper's C:\Documents and Settin s \All Users DesktoplKellyW ISDATA \OrdinanceeDangerous Dogs.doc PB:ksn I /31rz008 Page 1 of 2 1 expense, until the appeal to the Tukwila Hearing Examiner or a court of competent jurisdiction orders either its redemption or destruction. Section 3. 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 4. 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. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clem• APPROVED AS TO FORM BY: Passed by the City Council: Published- Effective Dates• Shelley M. Kerslake, City Attomey Ordinance Number: C:\Documents and Settings\All Users\D ktop\ Kell }111SDATA \Ordinances\Dangerous Dogs.doc PB:ksn 1/31ROO8 Page 2 of 2