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HomeMy WebLinkAboutCOW 2007-02-26 Item 4A - Interlocal Agreement - King County Animal Control (Pet License) COUNCIL AGENDA SYNOPSIS y Initials ITEM No. 0/ r `:2 9, Meg-1w Date Prepared by 1 awr's reziew Coira it y 02/26/07 reuezv 1 P1 M o RAB !l i I Jri�t•�" !Y^✓1 f v 1 03/05/07 I 1 I 1 rsoa 1 I I I I ITEM INFORMATION CAS NUMBER 07-023 I ORIGINALAGENDADATE: FEBRUARY 26, 2007 AGENDA ITEM TITLE Interlocal Agreement with King County regarding Animal Services and Programs CATEGORY Discussion Motion Resolution Ordinam Bid Auund Public Hearing Other MtgDate Mtg Date3 /5/ 07 MtgDate MtgDate MtgDate MtgDate MtgDate SPONSOR Council Mayor AdmSus DCD Finanx Fire Legal P6- R Police PW SPONSOR'S Proposed Amendment to Interlocal Agreement with King County regarding Animal Services STJMMARY and Programs REVIEWED BY COW Mtg. CA&P Cmte F&S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm DATE: 2/20/07 RE COMME NDATIONS: SPONSOR/ADMIN. Review and forward to Regular meeting COMBIIrIhE Unanimous approval; Forward to Cora of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $Not to exceed $35,000 /yr Fund Source: 000.50 Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION I 02/26/07 1 1 I 1 1 MTG. DATE ATTACHMENTS 2/26/07 1 Memo from Mayor's Office to Council 1 Interlocal Services Agreement Pertinent sections of RCW, King Co Animal Control Regulations, and the TMC 1 Finance Safety Committee minutes of 2/20/07 03/05/07 1 LA 1 1/ x i O Z .r OW 0 nthWila fS -.1 W l 6200 SouthcenterBoulevard Tukwila, Washington 98188 Steven M. Mullet, Mayor 1908 MEMORANDUM TO: Finance and Safety Committee n FROM: Mayor's Office (rA L, J� j DATE: Febrmry 13,2007 SUBJECT: Interlocal Services Agreement King County Animal Services and Programs Attached for committee review is an amendment to the interlocal agreement between the City of Tukwila and King County regarding animal control services and programs. As requested at the Feburary 5 committee meeting, a few changes have been incorporated into the amendment: 1) Section 1C now provides for a general monthly calendar in advance;2) Section 2 specifies a not -to- exceed contract dollar amount; and 3) Section 6 more clearly states which interlocal is effective should the amendment be terminated. Other changes the committee requested were not incorporated into the contract, and Al Dams from King County Animal Control will be present at the meeting to explain why it would not be prudent to make those changes. Also, Mr. Dams will explain reporting relationships and how performance appraisals and disciplinary actions would be handled. Staff requests that the committee review the draft interlocal and forward to COW for consideration. Phone: 206 433 -1800 City Hall Fax: 206 433 -1833 www.ci.tukwila.wa.us LNTERLOCAL SERVICES AGREEMENT AMENDMENT Between the City of Tukwila and King County Regarding Animal Services and Programs This is an Amendment to the standing Interlocal Agreement between the City of Tukwila and King County. The Amendment is for supplemental animal control services between the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as the "City" and King County, a home -rule charter county, a political subdivision of the State of Washington, hereinafter referred to as the "County WHEREAS, the City and County entered into an Interlocal Agreement dated December 15, 1993 "Interlocal Agreement relating to the provision of animal control services within the City; and WHEREAS, the City and County wish to amend the Interlocal Agreement to enable the County to provide the City with additional animal control services; NOW, in consideration of mutual covenants, the City and County hereby agree to amend the Interlocal Agreement as follows: Section 1. Service Obligation. A. The County shall provide supplemental animal control services in the fomi of an additional animal control officer dedicated to the City for special emphasis on, but not limited to, off -leash violations, barking dog complaints, potentially dangerous dogs, and to provide special presentations at community events such as the Backyard Wildlife Habitat Fair and Tukwila Days. The scheduling of these supplemental services will be determined by mutual agreement of the contract administrators of this Amendment. B. The additional animal control officer will be stationed within the City limits to respond to specific calls for service, perform routine patrols, communicate with the contract administrator, and handle other related tasks as agreed to by the contract administrators of this Amendment. C. The County shall provide the City, in advance, with a general monthly calendar of scheduled services in Tukwila, and a quarterly report of the supplemental hours worked and services performed. Section 2. Compensation. In consideration for the supplemental services provided by the County as set forth herein, the City agrees to pay the County for the hours of animal control officer work at the rate of $30/hour, not to exceed $35,000 a year. Section 3. Contract Administrators. For purposes of these supplemental services, the contract administrators shall be the City Administrator or a designee and the King County Animal Services and Programs Manager or designee. Section 4. Other Portions of the Agreement Unaffected. Except as specifically stated herein, all other portions of the Interlocal Agreement shall remain in place and are unaffected by this Amendment. Section 5. Previous Amendments. All previous amendments to the Interlocal Agreement are terminated. Section 6. Termination of Supplemental Services. With or without cause, the County or City may revert back to the original terms of the December 15, 1993 Interlocal Agreement, by providing thirty days written notice to the other party of termination of these supplemental services. Section 7. No Third Party Beneficiaries. The Interlocal Agreement and this Amendment have been entered into for the sole benefit of the City and County. Nothing in the Interlocal Agreement or this Amendment is intended to create any rights for or obligations owing to third parties. Section 8. Effective Date. This Amendment shall be effective upon the date last signed below. IN WITNESS WHEREOF, the parties have executed this agreement. CITY OF TUKWILA KING COUNTY Steven M. Mullet Date: Ron Sims Date: Mayor King County Executive Approved as to form: Approved as to form: City Attorney Date: Deputy Prosecuting Attorney Date: W: wpadmin /mayorsofficecontracts /2007ani malcontrolv2 RCW 16.08.030: Marauding dog Duty of owner to kill. Page 1 of 1 RCW 16.08.030 Marauding dog Duty of owner to kill. It shall be the duty of any person owning or keeping any dog or dogs which shall be found killing any domestic animal to kill such dog or dogs within forty -eight hours after being notified of that fact, and any person failing or neglecting to comply with the provisions of this section shall be deemed guilty of a misdemeanor, and it shall be the duty of the sheriff or any deputy sheriff to kill any dog found running at large (after the first day of August of any year and before the first day of March in the following year) without a metal identification tag. [1929 c 198 7; RRS 3108. Prior: 1919 c 6 7; 1917 c 161 7; RCS 3108.] http:// apps .leg.wa.gov /RCW /default.aspx ?cite 16.08.030 2/23/2007 Chapter 16.08 RCW: Dogs (formerly dangerous dogs) Page 1 of 1 16.08.070 Dangerous dogs and related definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 16.08.070 through 16.08.100. (1) "Potentially dangerous dog" means any dog that when unprovoked: (a) Inflicts bites on a human or a domestic animal either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury, or to cause injury or otherwise to threaten the safety of humans or domestic animals. (2) "Dangerous dog" means any dog that (a) inflicts severe injury on a human being without provocation on public or private property, (b) kills a domestic animal without provocation while the dog is off the owner's property, or (c) has been previously found to be potentially dangerous because of injury inflicted on a human, the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans. (3) "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. (4) "Proper enclosure of a dangerous dog" means, while on the owner's property, a dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a secure top, and shall also provide protection from the elements for the dog. (5) "Animal control authority" means an entity acting alone or in concert with other local governmental units for enforcement of the animal control laws of the city, county, and state and the shelter and welfare of animals. (6) "Animal control officer" means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. (7) "Owner" means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal. [2002 c 244 1; 1987 c 94 1.] Notes: Severability -1987 c 94: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 94 6.] http:// apps.leg.wa.gov /rcw /default.aspx ?cite 16.08 &full =true 2/23/2007 (King County 12 -2002) ANIMAL CONTROL REGULATIONS 11.04.270 11.04.290 B. FORM OF APPEAL. Any person entitled to service under Section 11.04.260 B may appeal from any notice and order or any action of the director of the animal control authority under this chapter by filing at the office of the director of the animal control authority within fourteen days from the date of the service of such 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. C. SCHEDULING AND NOTICING APPEAL. The board of appeals shall set a time and place, not more than thirty days from such notice of appeal for hearing thereon. Written notice of the time and place of hearing shall be given at least ten days prior to the date of 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 and be represented by counsel and offer such evidence pertinent and material to the action of the director. 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 his right to an administrative hearing. F. Enforcement of any notice and order of the director of the animal control authority issued under this chapter shall be stayed during the pending of an appeal, except impoundment of an animal which is vicious or dangerous or cruelly treated. (Ord. 1396 Art. III 10, 1972). 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. (Ord. 10168 8, 1991: Ord. 7861 2, 1986: Ord. 6702 2, 1984: Ord. 6370 10, 1983: Ord. 6243 2, 1982: Ord. 4610 6, 1979: Ord. 3980 2, 1978: Ord. 2428 13, 1975: Ord. 1396 Art. III 11, 1972). 11.04.290 Corrective action Vicious animals. A. Vicious animals. -i 11.04.290 ANIMAL CONTROL 1. An animal, declared by the director to be vicious pursuant to the definition in this chapter, may be kept, harbored or maintained in King County only upon compliance with those requirements prescribed by the director. In prescribing these requirements, the director 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 animal resides; the number and proximity of neighbors; e. The existing control factors, including but not limited to fencing, caging, runs, staking locations; f. The nature of the behavior giving rise to the director's determination that the animal is vicious: (1) extent of injury(ies); (2) circumstance, e.g., time of day, on /off property, provocation instinct; (3) circumstances surrounding the result and complaint, e.g. neighborhood disputes, identification, credibility of complainants and witnesses. 2. Requirements which 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 will 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 director. 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 fifteen (15) years of age; e. Removal of the animal from the county within forty -eight (48) hours from receipt of such notice. 3. Failure to comply with any requirement prescribed by the director pursuant to Section 11.04.290 of this chapter constitutes a misdemeanor. Such animal shall not be kept in unincorporated King County forty -eight hours after receiving written notice from the director. Such animal or animals found in violation of this section will be impounded and disposed of as an unredeemed animal, and the owner or keeper of such animal(s) has no right to redeem such animal or animals. B. Removal. 1. Any animal constituting a public nuisance as provided herein shall be abated and removed from the county by the owner or by the director of the animal control authority, upon the receipt of three notices and orders of violation by the owner in any one -year period; provided, however, that this removal procedure shall not apply to the vicious animal removal procedure set out in Section 11.04.290 A.3 of this chapter. Where it is established by record pursuant to 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 director of the animal control authority shall notify and direct the owner of the animal to abate or remove the same from the county within ninety-six hours from the date of notice. If such animal is found to be within the confines of King County after ninety-six hours have elapsed from the date of notice, the same shall be abated and removed by the director of the animal control authority. Animals removed pursuant to the provisions of this section shall be removed from King County or be subjected to euthanasia by the animal control authority. ANIMAL CONTROL REGULATIONS 11.04.290 11.04.340 2. Any dog or other animal which 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 unincorporated King County forty -eight hours after receiving written notice from the director. Such animal or animals found in violation of this section will be impounded and disposed of as an unredeemed animal, and the owner or keeper of such animal(s) has no right to redeem such dog or animal. (Ord. 7923 4, 1987: Ord. 2428 14, 1975: Ord. 1396 Art. III 12, 1972). 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 attorney on behalf of King County may collect the civil penalty and the abatement work costs by use of all appropriate legal remedies. (Ord. 1396 Art. III 13, 1972). 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 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. (Ord. 1396 Art. III 14, 1971). 11.04.320 Miscellaneous service charges. The King County animal control section is hereby authorized to collect the following charges for animal control related services: Lost or stolen license tag replacement $2.00 (Ord. 6370 11, 1983). 11.04.330 Additional rules and regulations. The animal control section is authorized to make and enforce rules and regulations, not inconsistent with the provisions of this chapter, 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 pursuant to King County Code, Chapter 2.98. (Ord. 6370 12, 1983). 11.04.335 Waiver of fees and penalties. A. The director has the authority to waive 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 animal control section and be in the public interest. B. In determining whether a waiver should apply, the director 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 animal control section if the fee(s) or penalties are not waived and no payment is received. (Ord. 10809 7, 1993: Ord. 7986 3, 1987). 11.04.340 Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter. (Ord. 6370 13, 1983). (King County 6 -93) TITLE 7 ANIMALS 2. Fail to remove the fecal matter deposited other remedies and penalties, the provisions of this by his /her animal on public property, public chapter relating to dangerous dogs and potentially dm- i easements, or private property of another before the gerous dogs shall apply; owner leaves the immediate area where the fecal 9. Any domesticated animal which howls, matter was deposited. yelps, whines, barks or makes other oral noises in 3. Fail to have in his /her possession such a manner as to disturb any person or neighbor equipment such as a plastic bag or other means of hood to an unreasonable degree; conveyance necessary to remove his /her animal's 10. Any domesticated animal which enters fecal matter when said animal deposits fecal matter on upon another person's property without the permis- public property, public easement or another's private sion of that person; property. 11. Animals staked, tethered or kept on public D. Animal show. Any animal show or exhibi- property without prior written consent of the County tion held out of doors or in a public building must Animal Control Authority; notify the Animal Control Authority and the City of 12. Animals on any public property not under Tukwila at least 24 hours in advance of the event. control with a leash held by the owner or other com- petent person; (Ord. 2011 §1(part), 2003) 13. Animals kept, harbored or maintained and known to have a contagious disease unless under the 7.04.080 Nuisance defined Violation treatment of a licensed veterinarian; A. For purposes of this chapter, nuisances are vio- 14. Animals running in dog packs. lations of this chapter and shall be defined as follows: B. Nuisance violations shall be subject to a civil 1. Any public nuisance relating to animal fine and enforcement necessary to abate the violation. control known as common law or in equity jurispru- (Ord. 2011 §1(part), 2003) dence; 2. Any animal running at large within the 7. 4.085 Dangerous and Potentially Dangerous City; Dogs Registration, Prohibitions, Etc. 3. Any domesticated animal, whether A. It is unlawful for an owner to have a danger licensed or not, which runs at large in any park, or ous dog or a potentially dangerous dog as defined in enters any public playground or school ground. How- TMC 7.04.020, in the City without fulfilling the ever, this subsection shall not prohibit a person from requirements of the City and of the Animal Control walking or exercising an animal in a public park or on a Authority. public beach when such animal is on a leash, tether or B. No potentially dangerous dog or dangerous dog chain not to exceed eight feet in length. This subsection shall go unrestricted upon the premises of the owner. shall not apply to any person using a trained, properly Further, no potentially dangerous or dangerous dog licensed guide or service dog, or to animal shows, shall be kept on a porch, patio or in any part of a house exhibitions or organized dog training classes. or structure which would allow such dog to exit the 4. Any animal which enters any place where building on its own volition. food is stored, prepared, served or sold to the public, or C. All potentially dangerous and dangerous dogs any other public building or hall. However, this sub shall be securely confined indoors or in a secure enclo- section shall not apply to any person using a licensed sure. Such an enclosure can be a pen, dog run, or struc- guide or service dog, to veterinary offices or hospitals, ture, suitable to prevent the entry of young children businesses offering pet services, or to animal shows, and designed to prevent the animal from escaping. exhibitions or organized dog- training classes. Such pen, structure or dog run shall have secure sides 5. A female domesticated animal, whether and a secure top. The sides of the enclosure shall not licensed or not, while in heat, accessible to other directly adjoin a neighboring property. If the pen, struc- animals for purposes other than controlled and planned ture or do g run area has no bottom secured to the sides, breeding; the sides shall be embedded not less than two feet into 6. Any domesticated animal which chases, the ground. An enclosure with doors, windows, or runs after, or jumps at vehicles using the public streets other openings enclosed solely by wire or mesh and alleys; screening shall not be considered a proper enclosure as 7. Any domesticated animal which habitually defined in this section. snaps, growls, snarls, jumps upon, or otherwise D. No person owning or harboring, or having the threatens persons lawfully using the public sidewalks, care of, a potentially dangerous or dangerous dog shall' streets, alleys other public ways. suffer or permit such dog to go beyond the premises of 8. Any animal which has exhibited vicious such person, unless such dog is securely muzzled in a propensities and which constitutes a danger to the manner that will not cause injury to the dog but shall safety of persons or property off his premises or law- prevent it from biting any person or animal; and is fully on his premises; provided, that in addition to restrained with a chain having a minimum tensile Printed May 2004 Page 7-5 TUKWILA MUNICIPAL CODE strength of 300 pounds and not exceeding three feet in 1. The written complaint of a citizen who is length. willing to. testify that the animal has acted in a manner E. Any corrective actions available under King which causes it to fall within the definitions in TMC County's Code 11.04.290 must be made as required by 7.04.020 H or Q; or III an animal control officer. 2. Dog bite reports filed with the Animal Con- F. No person shall own or possess with intent to trol Authority; or sell, or offer for sale, breed, or buy or attempt to buy 3. Actions of the dog witnessed by any ani- within the City any potentially dangerous or dangerous mal control officer or law enforcement officer; or dog. 4. A verified report that the animal previously G. No person shall own or harbor any dog for the has been found to be either potentially dangerous or purpose of dog fighting, or train, torment, badger, bait or dangerous by any Animal Control Authority; or use any dog for the purposes of causing or encouraging 5. Other substantial evidence admissible in a said dog to unprovoked attacks upon human beings or court of law. domestic animals. B. Exception. Dogs shall not be declared danger (Ord. 2011 §1(part), 2003) ous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful 7.04.087 Additional Dangerous Dog Regulations trespass or other tort upon the premises occupied by Dangerous dogs which have been shown to be a the owner of the dog, or was tormenting, abusing or particular threat to the health, safety and welfare of the assaulting the dog, or in the past has been observed or community may be subject to additional dangerous dog reported to have tormented, abused or assaulted the regulations as follows: dog, or was committing or attempting to commit a 1. A dog which has been declared dangerous crime. may be removed and destroyed if the release of the C. Declaration, service to owner in writing. dog would create a significant threat to the health, The declaration shall be in writing, and shall be served safety, and welfare of the public. on the owner or keeper in one of the following 2. If it is determined that a dangerous dog methods: shall not be removed or destroyed, Animal Control 1. Certified mail to the owner's or keeper's shall impose any additional conditions upon the own- last known address; or ership of the dog that protect the health, safety and 2. Personally delivered; or welfare of the public. 3. Posting the notice of violation and order on 3. The owner of a dangerous dog that is not the front door of the living unit of the owner or person removed and destroyed shall be required to have a with right to control the animal if said owner or person surety bond issued by a surety insurer qualified under is not home; or Chapter 48.28 RCW in a sum not less than $250,000 4. If the owner or keeper cannot be located payable to a person injured by the dog; or a policy of by one of these methods, by publication in a news liability insurance, such as homeowners's insurance, paper of general circulation. issued by an insurer qualified under RCW Title 48 in The owner or keeper of any animal found to be a the amount of at least $250,000, insuring the owner or potentially dangerous or dangerous dog under this sec keeper for personal injuries inflicted by the dangerous tion shall be assessed all actual service costs expended dog, with a certificate from the insurer providing for under this subsection. written notice to the City within 30 days of cancella- D. Declaration, information required. The tion, reduction of limits, or termination of coverage. declaration set forth in this section shall state at least: 4. A copy of the surety bond or liability insur- 1. A description of the animal; ance policy shall be provided to the City before the 2. The name and address of the owner or dangerous dog is.returned to Tukwila to live. keeper of the animal, if known; (Ord. 2011 §'1(part), 2003) 3. The whereabouts of the animal if it is not 7.04.090 in the custody of the owner or keeper; .04.090 Declaration of Dangerous and 4. The facts upon which the declaration is Potentially Dangerous Dog based; A. Provision for declaring dangerous and 5. The availability of a hearing in case the per potentially- dangerous dogs. Based on an investiga- son objects to the declaration, if a request is made tion, the Animal Control Authority may find and within 14 days. declare an animal potentially dangerous or dangerous if 6. The restrictions placed on the animal as a it has probable cause to believe that the animal falls result of the declaration; and within the definitions set in TMC 7.04.020 1-1 or Q. For 7. The penalties for violation of the restric the purposes of this chapter, the determination of prob- tions, including the possibility of destruction of the able cause may include: animal, and imprisonment or fining of the owner or keeper. Pane 7 Printed May 2004 TITLE 7 ANIMALS E. Declaration appeal procedure. If the owner alleviation of pain, suffering or injury he or she has so or keeper of the animal wishes to contest the caused to any animal. declaration, the following procedures shall apply: 3. Lay out or expose any kind of poison, or to 1. The owner or keeper shall, within 14 days leave exposed any poison food or drink for man, of receipt of the declaration, or within 14 days of the animal or fowl, or any substance or fluid whatever or publication of the declaration, or within 14 days of the wherein there is deposited or mingled any kind of publication of the declaration pursuant to 7.04.090 C, poison, or poisonous or deadly substance or fluid request a hearing from the King County Animal Con- whatever, on any premises or in any unenclosed trol Authority Board of Appeals. Failing to exhaust this place, or to aid or abet any person in so doing, unless in administrative appeal process shall be a bar to action in accordance with the provisions of RCW 16.52.190. a court of law. Any appeal decision issued by the Board 4. Abandon any domestic animal by dropping of Appeals can be appealed in Superior Court. off or leaving such animal on the street, road or high 2. If the Board of Appeals finds there is insuf- way, or in any other public place, or on the private ficient evidence to support the declaration, it shall be property of another. rescinded and the restrictions imposed thereby 5. Keep an animal in an enclosed vehicle annulled. when the temperature inside the vehicle reaches 80 °F, 3. If the Board of Appeals finds sufficient and /or the animal appears to be in stress as a result of evidence to support the declaration, then it shall be excessive heat or thirst. affirmed. B. Any person may lawfully kill a dangerous 4. If Board of Appeals finds that the animal animal when a clear and present danger exists to his or is not a potentially dangerous or dangerous dog, no her own self or to the public safety, and a record of costs shall be assessed against the City or the Animal complaint against the animal has been filed with the Control Authority or officer. Animal Control Authority. (Ord. 2011 §1(part), 2003) (Ord. 2011 §I(part), 2003) 7.04.100 Declaration impoundment and 7.04.120 Enforcement authority abatement A. The director of the Animal Control Authority A. Impoundment. Following service of a declara- and his /her authorized animal control officers are tion of potentially dangerous or dangerous dog, and authorized to take such lawful action as may be pending appeal under TMC 7.04.090 D, the Animal required to enforce the provisions of this chapter and Control Authority may, if circumstances require, the laws of the State as they pertain to animal cruelty, impound the animal at the owner's or keeper's shelter, welfare, and enforcement of control. expense, until the appeal to the Board of Appeals or a B. The director of the Animal Control Authority or court of competent jurisdiction orders either its his/her authorized animal control officer shall not enter redemption or destruction. a building designated for and used for private purposes, B. Abatement. Any dog or other animal which unless the officer has reasonable cause to believe an bites, attacks, or attempts to bite one or more persons animal is being maintained in the building in violation two or more times within a two -year period is of this chapter. declared to be a danger to public safety, and shall not be C. The director of the Animal Control Authority kept within the City 48 hours after receipt of written and his /her authorized animal control officers, while notice from the director or his authorized animal con- pursuing any animal observed by the officer to be in trol officer. Such animal or animals found in violation of violation of this chapter, or during investigations for this section will be impounded and disposed of as an unlicensed animals, may enter upon any public or unredeemed animal, and the owner or keeper of such private property, except any building designated for and animal(s) has no right to redeem such dog or animal. used for private purposes, for the purpose of abating the (Ord. 2011 §1(part), 2003) animal violation being pursued or the licensing of animals. 7.04.110 Cruelty to animals Unlawful D. No person shall deny, prevent, obstruct, or A. It is unlawful for any person to: attempt to deny, prevent or obstruct an officer from 1. Willfully and cruelly inflict physical injury, pursuing any animal observed to be in violation of this or to kill any animal by any means causing unneces- chapter. Further, no person shall fail or neglect, after a sary fright, suffering or pain. proper warrant has been presented, to promptly permit 2. By reason of neglect or intent, fail to pro the director or his /her authorized animal control officer vide the animal with necessary food, water, shelter, to enter private property to perform any duty imposed rest, sanitation, ventilation, space or medical attention, by this chapter. Any person violating this subsection is thereby causing or allowing any animal to endure pain, guilty of a misdemeanor. suffering or injury; or to fail or neglect to aid or attempt Printed May 2004 Page 7 -7 Finance Safety Committee February 20, 2007 5:00 p.m. Present: Jim Haggerton, Chair; Joan Hernandez and Pam Linder, Council members. Rhonda Berry, City Administrator; Diane Jenkins, Administrative Assistant to the City Council; and Al Dams, Assistant Manager, King County Animal Services. Business Agenda A. Contract with M. J. Durkan for 2007 lobbying services Ms. Berry reviewed the revised contract with M.J. Durkan for 2007 lobbying services. A new section on conflict of interest was added. This is pre emptive so that when new clients are added it addresses what happens when there could be a possible conflict of interest. Mr. Haggerton expressed his appreciation on the services provided by Mr. Durkan at the recent AWC legislative conference. Unanimous approval. Forward to February 26 COW. B. Draft contract for animal control services Ms. Berry indicated that at the request of the committee members at the February 5 CAP meeting, changes were incorporated. The changes are denoted on the margin of the contract. She reviewed the changes. In Section 1C, it states that the city will be provided with a monthly calendar; Section 2 specifies that the contract will not exceed $35,000 per year; and Section 6 clarifies how the contract will be terminated. Other items discussed were input into the performance evaluation and the process to be used to express concerns with the services; if these items were included in the contract, it may delay implementation of the contract. Ms. Berry continued and explained the appeal process which would be used for enforcing Tukwila's ordinance regarding dangerous dogs. Mr. Dams explained that the City's ordinance regarding dangerous dogs (TMC 7.04.085) is different than King County's ordinance on vicious animals (KC 11.04.290). Tukwila allows that a dog which is declared dangerous can be destroyed; this cannot be done under King County ordinance. The dog can be removed. King County would confine the animal based on the circumstances. If the situation warrants that the animal needs to be euthanized, this would be governed under RCW 16.08.30, Marauding Dog Duty of Owner to Kill. This RCW provides that it is the duty of a person to kill an animal within 48 hours after notification otherwise they are deemed guilty of a misdemeanor. Tukwila's code is stronger. Since there is a difference in the ordinances, if this action were taken, the process of appeals would be done through Tukwila's municipal court process since King County Board of Appeals cannot rule on a code other than King County. A citation would be issued through Tukwila. Tukwila would not be able to access King County free legal service on this type of case; Tukwila would have the benefit of legal service from King County on other animal control citations. Ms. Berry noted that the animal control officer would be educated on this issue. Mr. Dams referenced RCW 16.08.070, Dangerous Dogs and Related Definitions. If an order is placed in King County, that order is valid throughout the State of Washington; the order follows the animal. If they violate a removal order, it is unredeemable. Ms. Linder described a problem that occurred that created problems with the neighbors when differing information was shared with them. It is important that accurate infoiniation be shared. Ms. Berry asked if King County maintained a database to know how many animals are licensed to a residence. Mr. Dams replied that it does maintain a database. Mr. Dams noted that there would be additional "boiler plate" language added to the contract. Ms. Berry related that this contract would be presented at the Committee of the Whole and entire contract presented at the regular council meeting. N. Minutes Finance Safety Committee 2 February 20, 2007 Ms. Hernandez asked where the animal control officer would be housed. Ms. Berry indicated that he /she would be housed at either the police department or code enforcement. Mr. Dams pointed out that this is a pilot program; if enough cities participate, a full -time animal control officer would be hired. The contract would be increased in order to cover benefits. The contract is being fulfilled with part-time seasonal employees. A full -time officer would provide greater stability and more familiarity with the cities. Unanimous approval to forward to February 26 Committee of the Whole meeting. Adjournment: 6:00 p.m. Committee Chair Approval i utes by DJ.