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Home My WebLink AboutCOW 2008-01-28 Item 4J - Ordinance - TMC Chapter 7.04 Regarding Appeal Process of Dangerous Dogs COUNCIL AGENDA SYNOPSIS o r 9`r 2', Initials ITEM NO. I P1. ki% t G 1 Meeting Date l Prepared by 1 Mayor's review uncil review 1.s: 1 01/28/08 1 PBB 1 AAA rso ITEM INFORMATION 1 CAS NUMBER: 08-014 ORIGINAL AGENDA DATE: JANUARY 28, 2008 AGENDA ITEM TJ'n.I Ordinance Amending TMC Chapter 7.04, regarding the appeal process of a dangerous or potentially dangerous dog. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 1/28/08 Mtg Date Mtg Date Mtg Date 2/4/08 Mtg Date Mtg Date Mtg Date SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PW SPON sole S Currently, dangerous and potentially dangerous dog designation appeals go before the SUMMARY 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. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. LI Planning Comm. DATE: 1/23/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Co,nments: MTG. DATE 1 RECORD OF COUNCIL ACTION 1 MTG. DATE ATTACHMENTS 1/28/08 Informational Memorandum dated 1/16/08 with attachments (Due to the shortened work week, Finance Safety Committee Minutes are pending) DRAFT 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 7.04.0900, 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 Settings\All Users\ Desktop\ Kelly \MSDATA Ordinances \Dangerous Dogs.doc PB:ksn 1242008 Page 1 of 2 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 Clerk. APPROVED AS TO FORM BY: Passed by the City Council Publish Effective DatP• Shelley M. Kerslake, City Attorney Ordinance Number C:\Documents and Settings\All Users\ Desktop\ Kelly \MSDATA \Ordinances\Dangerous Dogs.doc PB:ksn 1/24/2008 Page 2 of 2 KENYON DISEND, PLLC THE MUNICIPAL LAW FIRM MICHAEL R. KENYON 11 FRONT STREET SOUTH KERRI A. JORGENSEN BRUCE L. DISEND ISSAQUAH, WASHINGTON 98027 -3820 PETER B. BECKWITH SHEJ.T EY M. KERSLAKE WWW.KENYONDISEND.COM RENEE G. WALLS (425) 392 -7090 (206) 628 -9059 KARI L. SAND SANDRA S. MEADOWCROFr FAx (425) 392 -7071 MONICA A. BUCK CHRIS D. BACHA KATHRYN J. HARDY MARGARET J. KING AMY JO PEARSALL INFORMATION MEMO To: Finance and Safety Committee From: Peter Beckwith, Assistant City Attorney Date: January 16, 2008 Re: Ordinance Amending TMC 7.04.090, Dangerous Dog Designation ISSUE Whether the City Council should amend its Municipal Code to allow an appeal of a designation of dangerous or potentially dangerous dog to go before the City's Hearing Examiner. BACKGROUND/DISCUSSION Currently, Tukwila Municipal Code Section 7.04.090(E) (Declaration of Dangerous and Potentially Dangerous Dog Declaration Appeal Procedure) provides that an owner or keeper of a dog deemed dangerous or potentially dangerous may appeal such designation to the King County Animal Control Authority Board of Appeals. However, the City and County do not regulate dangerous or potentially dangerous dogs in the same manner. During the City's negotiations with King County to renew the interlocal agreement for animal control services it was suggested that due to the difference in animal control regulations that appeals of dangerous and potentially dangerous dog designations go before the City's Hearing Examiner. This would also allow the City's appeal procedures be used as opposed to the procedures used by the King County Animal Control Authority Board of Appeals. If approved, the City's Hearing Examiner has agreed to take on this additional responsibility. RECOMMENDATION Because of the difference in animal control regulations and to maintain control over the appeal process, our office recommends amending TMC 7.04.090(E) so that appeals of dangerous or potentially dangerous dog designations go before the City's Hearing Examiner instead of the King County Animal Control Authority Board of Appeals. Attachment: Proposed ordinance in track change. C:\Documents and Settings\Pamela- O\L.ocal Settings \Temp \GWViewer\MEMO Dangerous Dog Appeal Info.doc/P /01/16!08 SERVING WASHINGTON CITIES SINCE 1993