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Home My WebLink AboutCOW 2010-08-23 COMPLETE AGENDA PACKETTukwila City Council Agenda COMMITTEE OF THE WHOLE Jim Haggerton, Mayor Councilmembers: Joe Duffie Joan Hernandez Steve Lancaster, City Administrator Allan Ekberg •3 Verna Seal Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn To be followed by a Special Meeting Monday, August 23, 2010, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. SPECIAL ISSUES a. Recommendation for use of City Property. Pg.1 b. Tukwila Village —next steps. Pg.15 c. A Resolution approving and adopting a Voluntary Separation Program. Pg.23 d. An Ordinance regarding Traffic Concurrency Fees. Pg.41 e. Microsoft Enterprise Agreement and VoIP (Voice over IP) Telephone Pg.51 System. f. An ordinance adopting King County Animal Control Regulations. Pg.61 4. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 5. MISCELLANEOUS 6. EXECUTIVE SESSION 7. ADJOURN TO SPECIAL MEETING SPECIAL MEETING Ord #2305 Res #1723 1. CALL TO ORDER ROLL CALL 2. CONSENT AGENDA I Approval of vouchers. 3. UNFINISHED A resolution approving and adopting a Voluntary Separation Program. BUSINESS 4. 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/TDD 206- 248 2933). This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. Pg.23 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 fifth 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 first and third Mondays of each month at 7 PM. 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 second and fourth Mondays at 7 PM. 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 Citizen Comment. Please limit your comments to five 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 of 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, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. 1 CAS NUMBER: 10-092 AGENDA ITEM TITLE Recommendation for use of City Property CATEGORY Discussion Motion Resolution Ordinance Bid Award I I Public Heanng Other SPONSOR'S SUMMARY Fund Source: Comments: MTG. DATE 08/23/10 10 -092 COUNCIL AGENDA SYNOPSIS Inztzals Meeting Date Prepared by 1 Mgyoc'c review 1 ouncz review 08/23/10 SL 1 fir 09/13/10 SL 09/20/10 SL 1 ITEM INFORMATION 1 ORIGINAL AGENDA DATE: AUGUST 23, 2010 ITEM No. or Mtg Date 08/23/10 Mtg Date Mtg Date 9/20/10 Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs n DCD Finance Fire Legal (J P&R (J Police PW The Old City Hall/former library building at 14475 59 Ave S is located on a large parcel that includes Fire Station 52 and Hazelnut Park. Since the building is listed on the National Historic Register and the overall lot is zoned Low Density Residential (LDR), building use is conditional and limited. Staff recommends that this building be made available for community use subject to future specific approval by the City Council. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm Parks Comm. Planning Comm. DATE: 08/17/10 RECOMMENDATIONS: SPONSOR /ADMIN. Consider community use COMMITTEE Forward to Committee of the Whole for Discussion .COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 RECORD OF COUNCIL ACTION MTG. DATE 1 ATTACHMENTS 08/23/10 Informational Memorandum dated 08/19/10, with attachments Informational Memorandum dated 08/11/10, with attachments Minutes from the April 19 and April 26, 2010 Council meetings Minutes from the Finance Safety Committee meeting of 08/17/10 2 TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Committee of the Whole FROM: Steve Lancaster, City Administrator DATE: August 19, 2010 SUBJECT: Recommendation for use of City property ISSUE What should be the future use of the old City Hall former Public Library building located at 14475 59 Avenue South? BACKGROUND At the April 19, 2010 City Council meeting the Tukwila Historical Society asked that the City consider allowing the old City Hall /former public library building to be used as a heritage and cultural center for the community. The consensus of the City Council was to forward the issue of potential uses for the former City Hall to the Community Affairs and Parks (CAP) Committee (4 -19 -2010 City Council minutes attached). (Note: This issue will be discussed at the August 23 CAP meeting.) During discussions a week later regarding the City's ongoing budget gap (April 26 Committee of the Whole meeting), staff presented its evaluation of several City properties for potential surplus and sale. The Council Committee of the Whole, by consensus, advised staff to remove the former City Hall building from the list of potential surplus property, and to continue analyzing its potential uses including lease options. The Council requested that suggested uses for this facility be reviewed by the Finance and Safety committee (4 -26 -2010 Committee of the Whole minutes attached). ANALYSIS Staff has completed its analysis of potential future use of the building by City Departments and determined there is no pressing need to use the building for a specific existing City function (see Informational Memorandum dated August 11, 2010 attached). This was reported to the Finance and Safety Committee on August 17, 2010. The Finance and Safety Committee agreed to forward the matter to the August 23 Committee of the Whole for discussion. RECOMMENDATION Staff recommends that the Committee of the Whole, at its September 13 meeting, formally consider the proposal of the Tukwila Historical Society to establish a heritage and cultural center at the old City Hall former Public Library building at 14475 59 Avenue South. ATTACHMENTS August 11, 2010 Informational Memorandum presented to Finance and Safety Committee April 19, 2010 City Council meeting minutes April 26, 2010 Committee of the Whole meeting minutes Jim Haggerton, Mayor 3 4 TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Bob Giberson, Public Works Director DATE: August 11, 2010 SUBJECT: Potential Surplus City Properties ISSUE Review staff recommendations for potential surplus city properties. Jim Haggerton, Mayor BACKGROUND At the April 26, 2010 Committee of the Whole, Council directed staff to continue with analysis for the potential sale of the Old Fire Station 53 and West Valley Highway /S 180 Street properties and a continuation of the analysis for the best use of the old City Hall /former library building Administration was requested to provide a recommendation and analysis on the three projects to the Council. Further, Council consensus existed to not consider the surplusing of the Way Back Inn properties on 42nd Ave S and Macadam Rd S. The Newporter property will be analyzed separately. ANALYSIS A high level appraisal and best use evaluation has been completed for the old City HaII /formerl library building as follows. The appraisals and evaluations of the old Fire Station 53 and West Valley Highway /S 180 properties are ongoing and will be brought back to a future committee. Property No. 4 Old City Hall /former library building This building is actually part of a large parcel that includes Fire Station 52 and Hazelnut Park. The building began as the Tukwila School in 1922 and then became City Hall from 1947 -1978. This building is also listed as an historic building with the National Historic Register, which limits the possibilities for other uses The overall parcel size is 50,530 square feet and the hypothetical lot size for the old City Hall /former library building is approximately 12,632 square feet. The overall lot is zoned Low Density Residential (LDR), which has conditional uses that include schools, libraries, museums, art galleries and fire stations. In order to surplus the Old City Hall /former library building, the overall parcel would first have to be short- platted into three parcels (one lot for each of the three uses fire station, park and Old City Hall). After the short plat has been complete, the one parcel would have to be re -zoned to office or commercial and approved by Council. Based on the above facts, the highest and best use is to retain ownership of the overall parcel and buildings as -is and seek out the best possible use for the community as a whole. 5 6 INFORMATIONAL MEMO Page 2 RECOMMENDATION Staff recommends that Council authorize staff to: 1. Continue to appraise and evaluate options for the old Fire Station No. 53 and the West Valley Highway /S 180 St properties; and 2. Evaluate and determine the best use for the community of the Old City Hall /former library building. ATTACHMENTS Vicinity Map of Old City Hall -April 26, 2010 Committee of the Whole Council minutes W\2010 InfoMemos lsurpluscityproperties.docx Old Library /City Hall Parcel 3365901275 1 --104ft CltyGIS Copyright O 2006 All Rights Reserved The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products 7 8 APN: 3365901275 Address: 14475 59TH AVE S TUKWILA WA, 98168 Owner Name: TUKWILA CITY OF Owner Address: 6200 SOUTHCENTER BLVD TUKWILA WA, 98188 Owner Phone: Building SF: 5604 Acres (Assessor): 1.16 Acres (Calculated): 1.16 Lot Front: Lot Depth: Legal Description: 25 THRU 28 11 HILLMANS SEATTLE GARDEN TRS Land SF (Assessor): 50530.0 Land SF (Calculated): 50530.0 Land Use: PUBLIC: PUBLIC (NEC) Year Built: 1971 Assessed Value: $738,400 TBM Page: Sales Deed Cat: source: TAX_UPDATE 06/01/2005 00:00 Tukwila City Council Regular Meeting Minutes April 19, 2010 Page 2 of 8 One of the biggest challenges to face the City is the situation with the Howard Hanson Dam Damage to the dam in early 2009 has resulted in a change in the way the Army Corps of Engineers controls the water pool behind the dam. Due to the potential for excess flows downstream, Tukwila and other valley cities were faced with significant unbudgeted expenses. The King County Flood Control Zone District has reimbursed some of the expenses, yet many of the costs have not been reimbursed. We will continue to pursue recovery of other expenses with the County, State, and Federal government. We are also working closely with King County and valley cities to push for more extensive temporary repairs and the quickest possible completion of permanent repairs to the Howard Hanson Dam. Intergovernmental teamwork is but one example of how well we partner with our neighboring cities. By working with the Cascade Water Alliance, we accomplished our objective of purchasing Lake Tapps to guarantee adequate future water supplies. Additionally, we are working with partner cities on the SCORE jail facility. King County will no longer provide jail services for area cities after the year 2012. The SCORE facility is progressing on time and on budget and should open in late 2011, which will result in lower daily jail costs to Tukwila and the partner cities. Mayor Haggerton represents the City on the Boards of both the Cascade Water Alliance and the SCORE jail facility. He also provides representation for the Valley Com. 911 Center, Enterprise Seattle, Suburban Cities Association, and the Association of Washington Cities, which are organizations instrumental in promoting the interests of the Tukwila community. Important accomplishments over the last year include construction of Tukwila International Boulevard, which is currently on schedule and on budget and anticipated for full completion by September 2010. The City also completed the installation of a new pump station in the Allentown neighborhood. Additionally, the Museum of Flight appears to be a finalist for being awarded a NASA Space Shuttle, and the final details are also underway for a new Aviation High School. The Mayor expressed pride at the way the City has faced the major challenges of the past year. While former City Administrator, Rhonda Berry has taken a new position with King County, we are pleased to have such a close friend in the Executive's Office. The Mayor thanked Shawn Hunstock, Finance Director, for his leadership and expertise in accepting the role of Interim City Administrator. The Mayor acknowledged those long -term employees who have been promoted due to their exceptional performance: Bob Giberson, Public Works Director; Robin Tischmak, City Engineer; and Stephanie Brown, Human Resources Director. The Mayor also relayed the City's good fortune in welcoming back those former employees who have returned to Tukwila' Nora Gierloff, Community Development Deputy Director; Joyce Trantina, Executive Assistant in the Mayor's Office; and Steve Lancaster, City Administrator. We are well positioned to succeed at the challenges ahead. Recently the Mayor attended a convention at a hotel in Tukwila where an attendee summarized Tukwila very well. She said the Tukwila Urban Center and the retail and commercial activity are assets that any City would welcome, but her perception was that away from all the hustle and bustle, Tukwila still has a rural, small town feel with all the trees, parks and trails. A true compliment to our City. The Mayor indicated he looks forward to working with the Council, staff, residents and businesses in the years ahead to address the challenges before us. We can and will make Tukwila an even better place to live, to work, and to raise our families. b. Proposed use of the former Tukwila Library for display of community history Pat Brodin, Chair of the Historical Society Pat Brodin, Chair of the Tukwila Historical Society and City employee, utilized a Powerpoint presentation to provide an overview of this issue. The former Tukwila Library (14475 59 Avenue South) is owned by the City of Tukwila and began as the Tukwila School in 1922 and then became City Hall from 1947 -1978. This building is also listed as an historic building with the National Historic Register. 9 10 Tukwila City Council Regular Meeting Minutes April 19, 2010 Page 3 of B The Tukwila Historical Society is asking the Council to consider use of this facility for an historical museum and culture and heritage center. The mission is to enhance the historical place our community holds in the Pacific Northwest by collecting, preserving and sharing the historical, archaeological and ethnological records that pertain to Tukwila and the local region. Mr. Brodin explained there are Tukwila documents, artifacts, and antiques currently being stored at the facility that could be put on display under the care of the Historical Society. Since the Historical Society is a non profit group, with 501(c)(3) status, there is the ability to apply for grants, so there will not be a need for the City to put funds toward this endeavor. Mr. Brodin introduced Louise Jones Brown, who is a member of the Historical Society and direct descendent of James Maple, who became one of the first white settlers on the Duwamish River in June 1851. Ms. Jones -Brown hopes the City will consider allowing the Tukwila Historical Society use of the former Tukwila City Hall as a heritage and cultural center. Tukwila has a rich history that began almost 160 years ago, and use of this building provides an opportunity to enrich the Tukwila community by creating a unique place to display, share, and protect historical items, as well as a place for citizens to gather and hold local events, Additionally, a partnership has been established with the Museum of History and Industry (MOHAI) and the Executive Director, Leonard Garfield. Mr. Garfield has agreed to become an advisor for this effort, making his expert staff available for consultation to the Tukwila Historical Society. The Tukwila Historical Society is also preparing to move forward on fundraising projects, with the intent of creating a Foster High School Scholarship and an annual donation fund to the Tukwila Food Pantry. Ms Jones -Brown indicated that many surrounding cities have an historical presence such as the Renton Historical Museum, the White River Museum in Auburn, the Des Moines Historical Museum, and the future Highline Historical Museum to be located in Burien. The former Tukwila City Hall has landmark status and would be an excellent choice to showcase Tukwila's history. Councilmember Hernandez inquired about whether the items at the facility are being stored in proper conditions. Mr. Brodin explained there had been some problems with moisture that have been resolved. Council President Robertson thanked Mr. Brodin and Ms. Jones -Brown for the excellent presentation. He would like this topic assigned to the Community Affairs and Parks Committee for staff to prepare an analysis of potential uses, to include costs and benefits. The Committee can then make a recommendation back to the full Council. Council consensus existed to forward the issue of potential uses for the former Tukwila City Hall to the Community Affairs and Parks Committee. PROCLAMATIONS A proclamation recognizing Volunteer Week Mayor Haggerton read a proclamation recognizing April 19 -23, 2010 as National Volunteer Week in the City of Tukwila and encouraged all citizens to recognize the outstanding volunteer spirit that exists in the City of Tukwila Tracy Gallaway, Volunteer Coordinator, accepted the proclamation and thanked the Council for their support of the Volunteer Program. Tukwila City Council Committee of the Whole Minutes April 26, 2010 Vanessa Zaputil, 15171 52 Avenue South, indicated she has reviewed the new proposed noise ordinance She explained that Tukwila has a unique blend of existing residences and businesses co- existing in harmony. She requested the Council consider a modification to address noise in areas that are residential but have been zoned as a commercial district. She explained that in 1979 her husband constructed their triplex in a residentially -zoned area within Tukwila, and a few years later the City re- zoned the area Office /Commercial. She feels "residential district" should be defined as anywhere in the City where there is residential use. Allowing facility maintenance noise beyond 10 p.m in a residential area, zoned commercial, is an unfair burden to those residents She feels this technicality could be remedied by extending the noise code to all residential uses, not just residential zoning. Ms. Zaputil said she agrees with the proposed notification regulations pertaining to variances, and that notifying citizens of noise issues after 10:00 p.m is a courtesy to the affected residents. Lynn Peterson, 15185 62 Avenue South, indicated he is concerned about the language relating to the definition of "plainly audible sound" and the use of a tape measure rather than a decibel meter. He feels it would be in the best interest of the City to utilize a decibel meter Aaron Hundtofte, 3723 South 126 Street, indicated he has reviewed the proposed noise code amendments and the proposed changes would be beneficial to the City and the residents 8:50 p.m. Council President Robertson closed the public hearing. SPECIAL ISSUES Page 5 of 11 a. Budget Revenue Options: Surplus City Property, Property Tax Levy Lid Lift, EMS Levy, Planning Fees, TBD Sales Tax, Utility Tax on City -owned utilities, Increase business license fees; Revenue generating regulatory license. Surplus Propertvj Mr Hunstock explained there are City -owned properties that have the potential to be surplussed, and other properties that are underutilized that could be sold or put to a different use Selling the surplus property could be accomplished with little cost and effort by City staff He stated there are two major decision points to this proposal' 1) whether to sell each particular property; 2a) if the decision is to sell, when should the sale take place, and 2b) if the decision is not to sell, is there a better use for the property than its current use. Derek Speck, Economic Development Administrator, explained the City does not have an expressed policy relating to the disposal of City property Upon review of the property that staff has identified as surplus, the Council could move forward with possibly selling the property Staff would coordinate an appraisal process and provide those values to the Council at a later date The property value information provided in the agenda packet was received from the King County Assessor's Office. Council President Robertson explained the purpose of the discussion of these items is to provide direction to staff and the administration. Property No. 1 Old Fire Station 53. located at 12026 42 Avenue South: The building is vacant and the garage currently is used for Police evidence storage Lease and sale of the existing land and buildings are constrained by the existing non conforming use in a residential zoned area It would be possible that a short plat of three Tots could be sold for $150,000 each. Council President Robertson explained he would be in favor of selling the property if it were developed as residential. He indicated he would like to review an analysis of the value of the property in its current state and the value of the property if the buildings were demolished Councilmember Hernandez explained that since the building is not usable, it would be better served as three lots for residential development. Councilmember Quinn indicated he supports selling the property. However, the issue of the Police evidence storage is a very big part of the final decision. 12 Tukwila City Council Committee of the Whole Minutes April 26, 2010 Page 6 of 11 After Council discussion, there was consensus to have staff complete an analysis for the recommendation of selling the land with the caveat that it be developed into a residential use. Prooertv No. 2 South 180 and West Valley Hiahwav: Currently, NC Machinery is utilizing this space as generator storage with a month -to -month agreement without compensation to the City After Council discussion, it was determined the property has no other uses, and the Council requested an analysis for the recommendation of selling the property. Prooertv No. 3 Old Newoorter Site located at 149xx and Tukwila International Boulevard: Derek Speck, Economic Development Administrator, explained the property was intended as a relocation site for Northfield Carwash, and it is currently vacant. Adjoining property owners have contacted the City about potential uses for the parcel, and staff is performing an analysis on the value of selling the property alone and the value of the property if it were to be sold in conjunction with adjacent properties Councilmember Hernandez explained that selling this property would raise the most funds and would decrease the amount of tax increases. She would like to see an analysis of the potential of the property including the appraised value of the property Councilmember Quinn explained he would like more information about potential uses of the parcel and the possible development. The location of the parcel is on Tukwila International Boulevard and a great development could continue to revitalize the area, maintaining the City's vision for that part of the City. Council President Robertson indicated the location of the parcel is within walking distance of the light rail station He would like to have staff provide detailed information relating to the possible sale of the parcel There was Council consensus to have staff continue with an analysis on a the sale of the parcel Property No. 4 Old Tukwila City Hall former library building: Councilmember Quinn indicated the Council heard three possible uses for this building at the April 19, 2010 Regular Council Meeting. He explained he would like more information on other potential uses and funding for the facility. Councilmember Hougardy explained she would like staff to research other uses that include leasing the facility. Councilmember Hernandez explained this building is the only building that is on the National Historical Register, and she would like to review other potential uses for the facility After Council discussion, there was consensus for staff to continue analyzing potential uses for the site with lease options, and to remove the facility from the surplus property list. Property No. 5 located at 15421 42 Avenue South This single family residence is leased to the Way Back Inn as a transitional housing facility. One family is currently utilizing the residence. Council President Robertson asked how the Way Back Inn is able to utilize the residence Evelyn Boykan, Human Services Manager, indicated the City has a lease with the Way Back Inn for three transitional housing sites within the City Volunteers from the Way Back Inn maintain each of the facilities The City is responsible for the utilities and those costs are funded through the Human Services budget. Currently, approximately $15,000.00 is budgeted for these types of expenses Property No. 6 located at 14688 Macadam Road South This duplex currently has one family in each unit. Families are allowed up to 90 days in the transitional housing through the Way Back Inn program Tukwila City Council Committee of the Whole Minutes April 26, 2010 Page 7 of 11 After Council discussion, there was consensus to remove both of the properties from the surplus list and continue the transitional housing program with the Way Back Inn Council President Robertson summarized that there is Council consensus for staff to continue with analysis for the potential sale of properties no.'s 1 -3 The Council would like properties no 's 5 -6 removed from the surplus property list; and continuation of the analysis for the best use of property 4, which is the old Tukwila City Hail /former library building. He requested the administration provide a recommendation and analysis on the four projects to the Council no later than July 2010. Steve Lancaster, City Administrator, explained the administration could provide a recommendation and analysis on the potential sale of properties number 1 -3 However, at the direction of the Council, it was determined that suggested uses for the old Tukwila City Hall /former library building would follow the Council process and be reviewed at the Finance and Safety Committee meetings Mr Lancaster explained that staff would try to meet the July 2010 deadline for a recommendation of potential uses for that facility Property tax Ievv lid lift: Mr Hunstock explained the proposal would be to increase property tax assessments through an increase in the City's property tax levy rate The City's current levy rate is $2.67 per $1,000 of assessed value The City's maximum allowable levy rate is $3 10, and an increase of $0 43 that would generate $2 1 million in additional revenue. Councilmember Ekberg asked if the Council would be required to set the duration for the levy lid lift. Mr. Hunstock answered in the affirmative Council President Robertson explained this item could increase revenue by $2 1 million, and he is in favor of considering a property tax increase. Councilmember Hernandez explained the voters would decide on this property tax increase, and she would be willing to explore this option Councilmember Duffie concurred with Ms. Hernandez. Councilmember Quinn explained he does not approve of this option that at this time. He would like this option returned after the Council has reviewed the possible service reductions. Councilmember Hougardy explained the Council would need to be able to explain why the increase is necessary. She suggested postponing the discussion on this item until there is a good answer to that question Council President Robertson stated the Council would need to provide direction to staff about how much of an increase they recommend and the duration of the lid lift. After Council discussion, it was determined staff would provide information on a $0.20 increase or $2.87 per $1,000.00 of valuation for discussion in January or February 2011. Council President Robertson explained there is Council consensus to keep this item on the list of potential revenue options for a future discussion Emergency Medical Service (EMS) Levy: RCW 84.52.069 allows for an additional regular property tax levy for emergency medical services of up to $0.50 per $1,000 of assessed value. King County currently has a county -wide levy for EMS purposes. The City could assess $0.20 per $1,000 of assessed value that would generate approximately $1 million in revenue Council President Robertson asked whether the City could consider this option if the City participated in a Fire District. 13 14 Finance Safety Committee Minutes Aucrust 17, 2010 Paae 2 B. Voluntary Separation Program Staff is seeking Council approval of a draft resolution that approves and adopts a Voluntary Separation Program for the City including the draft program description, agreement for voluntary separation, and notice of revocation. The Voluntary Separation program is not a savings strategy, but is intended as an option for employee consideration in lieu of potential layoffs due to the City's current budget crisis. Staff explained briefly that employees will have a 30 -day window to review and apply for the program, and an additional 45 -day period for the employee to review and revoke their decision, as determined by the employee. Decisions regarding positions eligible for participation in the voluntary separation program will be determined by the City, and will be based on the likeliness that the position will not be filled in the foreseeable future. Staff noted that the separation incentives increase as employee longevity increases. Potential savings would be based on participants. The City Attorney has reviewed the proposed program. Due to time constraints involved with the employee review timeline as outlined above, staff is requesting this item go forward to the August 23 COW and the Special Meeting immediately following. UNANIMOUS APPROVAL. FORWARD TO AUGUST 23 COW FOR DISCUSSION. C. Potential Surplus City Properties Based on the request of the Council made at the April 26 Committee of the Whole meeting, staff has been researching potential opportunities for revenue generation based on the sale of surplus property currently owned by the City. Staff has completed evaluation of the property that currently houses the former Tukwila Library/City Hall building. Since this building is located on a single parcel that also houses Fire Station No. 52 and Hazelnut Park, consideration to surplus the land would require a short-plat, re- zoning, and Council review and approval. Additionally, the building is listed with National Historic Register which limits its use potential. High -level appraisal and evaluation, has led staff to recommend the City retain ownership of above mentioned property, and seek out the best possible use for this section of property and building for the community. The Committee was informed that the Tukwila Historical Society has an interest in utilizing the former Tukwila Library/City Hall building and would like to come forward to the City Council requesting permission for use. Based on tonight's Committee discussion and recommendation, and in consideration of the continuity and pattern of decision making, Committee Chair Quinn stated that it would be most appropriate for the Tukwila Historical Society request to be heard by the Finance Safety Committee. UNANIMOUS APPROVAL. FORWARD TO AUGUST 23 COW FOR DISCUSSION. D. Microsoft Enterprise Licensine and VoIP Telephone System Staff is seeking Council approval to utilize funds associated with the recent issuance of limited tax general obligation bonds for the purchase of emergency response capital equipment (see Council minutes dated July 19, 2010), specifically for the procurement of a Voice over Internet Protocol (Vole) Telephone System and a City -wide Microsoft Enterprise license. Mary Miotke began her presentation by providing new and clarifying information to the Committee which was made available after submission of the original memo: Clarification was made of the funding source as noted above; staff is not requesting additional funding for these purchases. Specific and accurate pricing is now available for the hardware requirements to implement these systems, and it reflects any savings, as appropriate. An item was added to the hardware category reflected as legal compliance for e -mail archiving. CAS NUMBER: 10-093 AGEND A ITEM TITLE Tukwila Village Next Steps CATEGORY SPONSOR SPONSOR'S SUMMARY REVIEWED BY Fund Source: Comments: 1 MTG. DATE 08/23/10 MTG. DATE 08/23/10 10 -093 Meeting Date 08/23/10 09/07/10 Prepared by DCS DCS Discussion Motion Resolution Mtg Date 08/23/10 Mtg Date 09/07/10 Mtg Date Council Mayor Adm Svcs DCD COW Mtg. Utilities Cmte DATE: RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office COMMPI'1'EE EXPENDITURE REQUIRED COUNCIL AGENDA SYNOPSIS H CA &P Cmte Arts Comm. Initials Maayoor srrvzew f F &S Cmte n Parks Comm. COST IMPACT FUND SOURCE AMOUNT BUDGETED RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 8/18/10, with attachments ITEM INFORMATION 1 ORIGINAL AGENDA DATE. AUGUST 23, 2010 ITEM NO. Ordinance Bid Award Public Heanng Other Mtg Date Mtg Date Mtg Date Mtg Date Finance Fire Legal P&R Police PWI The Council is being requested to provide direction on next steps for Tukwila Village. Transportation Cmte Planning Comm. APPROPRIATION REQUIRED 15 16 TO: Mayor Haggerton FROM: Derek Speck, Economic Development Administrator DATE: August 18, 2010 SUBJECT: Tukwila Village Next Steps ISSUE City of Tukwila INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor In June 2010 Tarragon, the City's developer for Tukwila Village, withdrew from the project. This is an appropriate time for the City to determine its next steps. BACKGROUND At the City Council meeting on May 17, 2010 City staff presented an update on the status of Tukwila Village and explained that economy had affected the timeline for the project. The timeline for the original vision in which the library, retail, plaza, and residential were all built at the same time anticipated completing our legal agreements with Tarragon in 2010. In preparation for the May update, Tarragon continued to express interest in developing the project. However, Tarragon said they would wait to start design until the economy and credit markets have improved. It was staffs prediction that Tarragon would complete design in 2012 and complete the first phase of construction in 2015. Due to this extended time frame, at the May 17th Council meeting there was discussion about moving forward with the library portion of the project to "get the ball rolling" and then develop the retail and residential portions as the economy improves. Council asked staff to return with some options. Since that meeting, staff checked with Tarragon to see what initial portion of the development they would like to do. They considered all imaginable options, even just building the library by itself. After much thought, they determined that constructing just one building is not the type of business they want to be in and they don't see market demand or financing for a larger development in the near future. This extra scrutiny prompted them to assess their general business model and they determined that building a mixed -use neighborhood development is no longer a good fit with their business model and they don't anticipate that model changing in the next few years. Thus, they said they are no longer interested in developing Tukwila Village and have withdrawn their proposal. After hearing that decision from Tarragon, we contacted Legacy since they were the alternate developer. We had a good conversation but the markets have changed and Legacy is also not interested in developing Tukwila Village at this time. We also contacted Legacy's partner in its development proposal, the Low Income Housing Institute. LIHI had proposed the 50 units of affordable senior housing and some affordable townhouses. They still have a passion for providing this sort of housing but after some analysis, 17 INFORMATIONAL MEMO Page 2 they decided that without being part of the entire development, and given some changes in Washington State's affordable housing finance programs, they would need a considerable subsidy from the City to be able to construct affordable housing at this time. Since the City is facing significant budget challenges, staff explained that it is unlikely we could provide a large subsidy and so they declined to participate at this time. The King County Library System has stood with us throughout these discussions and they remain interested and have funding. They have started their process to hire an architect to look at the Tukwila Village site and determine the optimal location and amount of space on the property if they were to construct the library as a stand -alone building. Before we move too far down this path, we would like to better understand the Council's level of interest in this option. DISCUSSION At this stage, the City has five basic options for next steps: (1) Issue a new Request for Qualifications (RFQ): The City could start a traditional process to seek qualifications packages from interested developers. (2) "Softly market" the property: The City could continue to invest staff time and resources into discussions with potential developers and commercial tenants. (3) Hold: The City could reduce the staff time and other resources being dedicated to Tukwila Village and just hold the property for some period of time until the economy improves. (4) Explore a "Library Stand Alone" option: The City and Library could explore whether the Library could lease or purchase a portion of the Tukwila Village land in order to construct their own building even before another developer is selected. (5) Sell the land: The City could decide to not continue with the Tukwila Village vision and could surplus the property. Following is a more detailed explanation of the options: (1) Issue New RFQ: In 2008 the City issued a Request for Qualifications to seek letters of interest from developers. The City then solicited proposals from the top three developers and then selected one developer for the project. The City could restart that entire process. A full process that tries to get interest from developers across the U.S. takes significant staff time and many months to complete. We are currently in a national recession that is compounded by a severe lack of commercial credit for new development. It difficult to predict how long this situation will last but it could significantly hinder a developer's ability to get commercial tenants and financing for Tukwila Village which means it could be years until the project is financially feasible. In this economic environment, it is unpredictable how many qualified developers would be interested. (2) Softly Market: City staff is always in conversations with developers and commercial tenants about opportunities in Tukwila, including Tukwila Village. We can continue to talk with developers and tenants to explore possibilities. After we have a sense of developer interest, we can decide whether to issue an RFQ. Currently Staff is in exploratory discussions with a senior housing developer and another mixed -use residential developer. 18 W.120101nfoMemos\TUKvILLAGE.doc INFORMATIONAL MEMO Page 3 (3) Hold: Given the economy and commercial credit crunch, it is difficult to predict whether other developers would be interested in Tukwila Village. Actively working on the project requires staff time and resources. We could decide to put the project "on hold" for a year or two until the economy improves before making any major changes to the project's vision. This option would allow staff time to be spent on other projects. (4) Library Stand Alone: The King County Library System has expressed a preference to be an integrated part of the Tukwila Village development. However, since it is now unknown how long it will be until the development starts, the Library would like to explore constructing their own stand -alone building on a portion of the site. The benefits of building a library now is that KCLS has funding and the longer the project takes, the more possible it is that the Library would lose the funding. Also, getting some new construction on the Boulevard sooner rather than later can boost the community's spirits and send a positive message to other property owners and developers. The risk is that constructing a stand -alone building could be a less efficient use of space which could reduce the City's land value and could make it harder to get a developer for the whole project. It also could also reduce the amount of synergy between the library and the rest of the development in terms of creating a "public gathering space (5) How much a Library stand alone building would affect future development potential depends on which portion of the site and how much of the site the Library would need. The Library has started a process to hire an architect to help them answer those questions. It will take the Library a few months to work through that process. At this time, the City does not need to agree to definitely support a stand -alone building; however, if we are clearly not open to this option, we can save the Library and City some time and money by not exploring it. Sell The Land: Now that we no longer have a developer for Tukwila Village, this is a good time for the Council to decide if it still has the same vision for the project are willing to wait. If the Council continues to support the vision for Tukwila Village and is willing to wait for a better development environment while continuing to invest resources in the project, then Option 5 can be ruled out. Between options 1, 2 and 3, Staff recommends Option 2. We gain a lot of valuable information by talking with developers that will help us bring the property to market in the future. Option 1 is too unpredictable and it is better to wait to issue an RFQ until after we have a much better sense of interest from at least one or two developers. If the Council continues to support the vision for Tukwila Village, and if the Council is open to selling or leasing a portion of the site, then Option 4 also makes sense. The City can pursue Options 2 and 4 at the same time. If the Council selects Option 2 "Softly Market" the site, Staff would appreciate Council direction on: (1) Is the City willing to consider selling or leasing a portion of the site as long as it fits the vision? For instance, if a developer wanted to construct an office building or senior housing on the two acres south of S. 144 Street but does not want the rest of the site, are we open to that? (2) There are certain types of commercial tenants that are more likely to seek space in this economic climate as compared to traditional retail. Some examples are in the W: \2010 InfoMemos \TU Kvl LLAGE.doc 19 INFORMATIONAL MEMO Page 4 healthcare field such as medical offices and non profit clinics. Other examples are non- profits or businesses that provide adult education classes. Are we open to these types of uses? If the Council selects Option 4 to explore a stand -alone building for the Library, Staff would appreciate Council direction on: (1) Are there certain portions of the site the Council already knows should not be considered? (2) Does the Council want any special requirements? For example, does the building have to integrate to the future public plaza? Are there other uses must be included at the same time such as a coffee shop or community meeting rooms? RECOMMENDATION The Council is being asked to approve a motion in support of one of the options and consider this item at the August 23, 2010 Committee of the Whole Meeting and subsequent September 7, 2010 Regular Meeting. ATTACHMENTS Tukwila Village Adopted Vision Statement Tukwila Village Aerial Photo 20 W12010 InfoMemos \TUKvILLAGE.doc Tukwila Village will be a welcoming place where all residents can gather and connect with each other. This mixed -use development will draw upon Tukwila's strengths and include a library, a neighborhood police resource center, retail, restaurants, public meeting space, and an outdoor plaza. The Village may also include office, live /work, and residential space. This active, vibrant place will set high standards for quality and foster additional neighborhood revitalization and civic pride. Tukwila Village Vision.doc Last printed 8/18/2010 1:20:00 PM Vision for Tukwila Village Approved 9/17/07 21 a t, Z lj r tch-4.. 22 Tukwila Village A I scale 1"=200° CAS NUMBER: 10-094 CA'T'EGORY Discussion Motion Mtg Date 8/23/10 Mtg Date SPONSOR'S SUMMARY MTG. DATE I 8/23/10 COUNCIL AGENDA SYNOPSIS Inztzals Meetzn,g Date I Prepared by 1 Mayar vzesv 1 Dung! revzezv 1 8/23/10 1 SB 1 QAY/ J 1 8/23/10 1 SB I 1 ITEM INFORMATION 10 -094 I ORIGINAL AGENDA DATE: AUGUST 23, 2010 AGENDA ITEM TITLE Resolution to adopt a Voluntary Separation Program Resolution Ordinance Bid Award Mtg Date 8/23/10 Mtg Date Mtg Date RECORD OF .COUNCIL ACTION MTG. DATE ATTACHMENTS 8/23/10 Informational Memorandum dated August 10, 2010 Resolution in Draft Form Exhibit "A" Voluntary Separation Program Document Agreement of Voluntary Separation Minutes from the Finance and Safety Committee Meeting of August 17, 2010 ITEM NO. 3,G E Public Heanng Otherr Mtg Date Mtg Date SPONSOR Council Mayor Human Res.. DCD Finance Fire Legal n P&R Police n PW The Council is being asked to approve a resolution that adopts a Voluntary Separation Program as an option for employees in lieu of a reduction in force to help address the budget shortfall. RWIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utihties Cmte Arts Comm. El Parks Comm. Planting Comm. DATE: 08/17/10 RECOMMENDATIONS: SPONSOR /ADMIN. Human Resources Department COMMII1EE Forward to the Committee of the Whole /Special Meeting for approval. COST IMP ACT /.FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: 2010 BUDGET Comments: 23 24 ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance Safety Committee FROM: Stephanie Brown, Human Resources Director DATE: August 10, 2010 SUBJECT: Voluntary Separation Program (revised per discussion at FS Meeting) Jim Haggerton, Mayor The City of Tukwila is currently undergoing an unprecedented budget crises caused by a recession and declining sales tax revenue. As a result, a long term budget shortfall of $9 million per year has been identified. A reduction in City staffing levels will likely be required to address this shortfall. A potential measure to help address the impacts of staff reductions is to implement a Voluntary Separation Program starting September 1, 2010. Voluntary separation programs have been successfully utilized in the cities of Bremerton, Issaquah, and Tumwater to help reduce the impacts to employees of staffing reductions. Research has been done on the various city programs and the Human Resources Department has drafted a proposed program for Tukwila. Participation in the Voluntary Separation Program is entirely voluntary. To be eligible for this program, the employee must be a regular full -time or part -time non probationary employee. Participation is subject to the review of the employee's department director and the approval of the City Administrator and the HR Director. The Voluntary Separation Program is a management tool, not an employee right. The intent of the program would be to gain the long- term savings associated with a reduction in force, while minimizing the need for non voluntary layoffs. Therefore, only positions that the City has determined it is unlikely to re -hire in the foreseeable future would be approved for participation. Employees requesting voluntary separation will sign a form indicating that their decision to participate is entirely voluntary and that they understand the limitations and costs associated with re- employment and other restrictions. As an incentive to participate, an employee who volunteers and is approved for voluntary separation from the City effective December 31, 2010 would have a choice of receiving one of the following benefit options: 25 26 INFORMATIONAL MEMO Page 2 1 Option 1 Passed probation, up 3 months salary to 10 years service 10 to 15 years service 4 months salary 15 to 20 years service 5 months salary Greater than 20 years 6 months salary service Salary would be calculated on the base pay of the employee. Longevity, specialty pay, and other pay programs would not be included in the salary amount. The overall near -term cost associated with this program would vary depending upon approved participation. For an employee with up to ten years of service, the cost to the City would range from approximately $14,000 to $22,000. For an employee with greater than 20 years of service, the cost would range from approximately $25,000 to $44,000. As a hypothetical example, if 10 employees of varying lengths -of- service were to apply and be approved for voluntary separation, the near -term cost to the City might be roughly $300,000. The long -term cost savings of a 10 position reduction in force might be approximately $900,000 a year, whether accomplished through lay -offs or through voluntary separation agreements. RECOMMENDATION Voluntary Separation Options 1 Option 2 2 months salary plus 50% cost share for COBRA premiums for 9 months 3 months salary plus 50% cost share for COBRA premiums for 9 months 4 months salary plus 50% cost share for COBRA premiums for 9 months 5 months salary plus 50% cost share for COBRA premiums for 9 months 1 Option 3 2 months salary plus 75% cost share for COBRA premiums for 6 months 3 months salary plus 75% cost share for COBRA premiums for 6 months 4 months salary plus 75% cost share for COBRA premiums for 6 months 5 months salary plus 75% cost share for COBRA premiums for 6 months Due to the timelines associated with implementing this program, it is being requested that this item be forwarded to the August 23, 2010 Committee of the Whole meeting and the Special Meeting to follow that same evening. ATTACHMENTS Resolution in Draft form, with Exhibit Voluntary Separation Agreement ATTEST/AUTHENTICATED Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W \Word Processing Resolutions VSP 2010.doc SB:mrh 8/11/2010 RAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING AND ADOPTING A VOLUNTARY SEPARATION PROGRAM. WHEREAS, the City of Tukwila is currently undergoing an unprecedented budget crisis caused by a recession and unfavorable state taxation policies and, as a result, a long -term budget shortfall of $9 million per year has been identified; and WHEREAS, City Councilmembers met in February, 2010 for a budget retreat to study the current budget situation and its affect on the long -term ability of the City to continue to provide essential services to the City During this retreat, Councilmembers expressed the importance of taking a balanced approach in closing the current budget gap and as such will be focusing on ways to increase revenues, program reductions, and reviewing overall the cost of staff compensation, and WHEREAS, a Voluntary Separation Program has been proposed as a potential cost savings mechanism by both the union bargaining groups and City Administration; and WHEREAS, the proposed incentives will expire on September 30, 2010; and WHEREAS, a Voluntary Separation Program would reduce the overall cost of employee compensation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Voluntary Separation Program Adopted. The Voluntary Separation Program, a copy of which is attached hereto as Exhibit A, and by this reference fully incorporated herein, is hereby approved and adopted, effective the date set forth below City staff is hereby authorized and directed to implement the program in accordance with its terms. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 Attachment: Exhibit A, Voluntary Separation Program Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 27 28 City of Tukwila VOLUNTARY SEPARATION PROGRAM Parameters of the Voluntary Separation Program are: Participation in the program is entirely voluntary. To be eligible for this program, the employee must be a regular full -time or part-time non probationary employee Participation is subject to the review of the employee's department director and the approval of the City Administrator and the HR Director. The Voluntary Separation Program is a management tool, not an employee right and is a time limited program. Voluntary separation shall not be targeted on the basis of individual or personal factors. Employees requesting voluntary separation will sign a form indicating that their decision to participate is entirely voluntary and that they understand the limitations and costs associated with re- employment and other restrictions. This voluntary program is available from September 1, 2010 to September 30, 2010. Written requests for participation in this program must be sent to your Department Director and received by close of business on September 30, 2010. Criteria for Approval: City approval is subject to review pursuant to the following criteria. Exhibit A A. Retention of adequate levels of skilled and talented workers in needed positions and locations. B. Retention of positions and skills that are necessary to achieving the Department's mission and priorities. C. Potential disruption due to loss of experienced workers D. Overall cost of the program. 1 29 30 Incentive for Voluntary Separation: Participants are able to choose one of the following three options for their incentive: I Option 1 Passed probation, up 3 months salary to 10 years service 10 to 15 years service 4 months salary 15 to 20 years service 5 months salary Greater than 20 years 6 months salary service 1 Option 2 2 months salary plus 50% cost share for COBRA premiums for 9 months 3 months salary plus 50% cost share for COBRA premiums for 9 months 4 months salary plus 50% cost share for COBRA premi ums for 9 months 5 months salary plus 50% cost share for COBRA premiums for 9 months Option 3 2 months salary plus 75% cost share for COBRA premiums for 6 months 3 months salary plus 75% cost share for COBRA premiums for 6 months 4 months salary plus 75% cost share for COBRA premiums for 6 months 5 months salary plus 75% cost share for COBRA premiums for 6 months *Federal law requires that group insurance health plans give their employees and their covered dependents the opportunity to continue health insurance on a self-pay basis when there is an event that would result in the loss of that coverage. Participants choosing an incentive option with a COBRA cost -share would only be responsible for paying a portion of the monthly premium. If you do not choose an incentive option with COBRA coverage all other COBRA provisions would apply, and participants would still be eligible for the opportunity to continue their coverage for a total of 18 months. For more information about COBRA, please contact the HR staff. The salary amount is calculated on the base pay of the participant. Longevity, specialty pay, and other pay programs are not included in the salary amount. The Washington State Employment Security Department will not consider this separation a qualifying event for purposes of filing for unemployment benefits. The Washington State Department of Retirement Systems will not consider the lump sum incentive payment participants will receive under this program as compensation for the purposes of service credit or earnings for pension calculations. If an employee returns to the City of Tukwila as a City employee within 3 years, he /she will be required to repay the incentive payment. The lump sum incentive payment issued will have all applicable withholdings (FICA and Federal Income Tax) taken from the payment. 2 Employees will have a maximum of 45 days to make their decision to participate in the Voluntary Separation Program and seven days from their written decision to revoke it. An agreement must sijined by or before November 22. 2010. Once this decision is made by signing the Voluntary Separation Agreement an employee will have 7 calendar days to revoke their decision. The City will cash out any leave accruals per applicable City policy. There will be no leave accrued on the lump sum incentive payment. All recommendations for acceptance of a request for voluntary separation will be reviewed and must be approved by the City Administrator and the HR Director. Their decision regarding acceptance is final. Final approval for any employee utilizing this program is conditioned upon execution of a written agreement between the city and the employee acknowledging the terms and conditions of the program including a hold harmless agreement. Positions vacated by this program will not be eliminated; however, the position will be vacant for a minimum of 3 years, unless otherwise approved by the City Council. 3 31 32 CITY OF TUKWILA AGREEMENT OF VOLUNTARY SEPARATION This Voluntary Separation Agreement "Agreement is entered into between "Employee and the City of Tukwila "City who agree as follows: 1. Voluntary Separation Date. The parties agree that the Employee resigns and Employee's employment with the City is voluntarily terminated effective December 31, 2010. 2. Payment. The City agrees to pay Employee the applicable payment under the City of Tukwila Voluntary Separation Program "Program provided that the Employee is eligible for the benefits under the Program and executes this Agreement: A lump sum payment of the equivalent of months of Employee's base salary. Base salary does not include any City paid benefits, specialty pay, or longevity pay. COBRA: If applicable, the City agrees to pay of the monthly COBRA premium for a total consecutive months. 3. Separation Not a Oualifvina Event. The Washington State Employment Security Department will not consider this separation a qualifying event for purposes of filing for unemployment benefits. 4. Lump Sum Payment. The Washington State Department of Retirement Systems will not consider the lump sum incentive payment Employee will receive under this Program as compensation for the purposes of service credit or earnings for pension calculations. 5. Return to City Service. If Employee returns to City service within three years, Employee would be required to repay the incentive payment. Limited exceptions to this may be approved by the City Administrator. Such exceptions may require partial repayment of the incentive payment. 6. Lump Sum Payment Issued in Final Paycheck. Employee's lump sum incentive payment will be issued as part of his or her final paycheck from the City on the next available normal pay date following her separation from employment. All applicable withholdings will be taken from the paycheck as required of payroll. 7. Participation in Program is Voluntary. Employee acknowledges that he or she has read and understands the provisions and restrictions of this Program and that he or she is participating in this Program on an entirely voluntary basis. 8. General Waiver and Release. Employee waives and releases any and all claims, known or unknown, arising on or before the date Employee signs this Agreement, that Employee C: \temp\XPGrpWise \Tukwila Voluntary Separation Aa eement.doc /co /08 /18 /10 33 34 has or might have against the City, its Council, officers, employees, representatives and agents (collectively, "Released Parties These waived and released claims include but are not limited to: (i) claims that in any way relate to Employee's employment, separation from employment and other dealings of any kind with any Released Party or Parties; (ii) claims of unlawful discrimination, harassment, retaliation or other alleged violations arising under federal, state, local or other laws and regulations, including but not limited to claims arising under the federal Age Discrimination in Employment Act (ADEA); Older Workers Benefit Protection Act (OWBPA); Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1866; the Americans with Disabilities Act (ADA); the Fair Labor Standards Act (FLSA); THE Worker Adjustment and Retraining Notification Act (WARN); and the Family and Medical Leave Act (FMLA); (iii) claims of wrongful discharge, tort, defamation, misrepresentation, fraud, detrimental reliance, breach of alleged contractual obligations, negligence, and violation of public policy; and (iv) claims for monetary damages, other personal recovery or relief, costs, expenses and attorneys' fees of any kind. 9. Employee Advised to Consult with an Attorney. Employee acknowledges that he or she has been advised to consult with an attorney regarding the terms of this agreement, and that this agreement serves as written notification to Employee that he or she has been so advised. 10. Effective Date. Employee acknowledges that the effective date of this agreement is Month, Dav, Year and that he or she had 45 days to consider this agreement and its terms. Employee further understands and acknowledges that he or she may revoke this agreement within seven (7) days of his or her execution and that if he or she chooses to revoke this agreement, he or she will be returned to her previous position with the City and will refund all payments received under the terms of this agreement. Employee acknowledges that this agreement shall not become enforceable or effective until after this revocation period has expired. 11. Employee's Decision to Revoke Nullifies Agreement. Employee acknowledges that if he or she chooses to revoke this Agreement, the Agreement is considered null and void, she will not have the opportunity to participate at a later time, and that he or she will not receive the incentive pay that the City has offered Employee. Further, Employee understands that his /her decision to revoke is irrevocable. 12. Notification in Writing. Employee acknowledges that he or she has been notified in writing that the Voluntary Separation Program is available to all full -time and part-time regular status non probationary employees regardless of individual or personal factors including age. 13. Severability. In the event that any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable portion shall be construed or modified in a manner that gives force and effect, to the fullest extent possible, to all other portions of this Agreement. If any invalid or unenforceable portion of any provision in this Agreement cannot be construed or modified to render it valid and enforceable, that portion shall be construed as narrowly as possible and shall be severed from the remainder of this Agreement, and the remainder of this Agreement (including the remainder of the section, -2- paragraph, subparagraph, sentence or provision containing any invalid or unenforceable words) shall remain in effect to the fullest extent possible. 14. Periods to Consider this Agreement and Revoke. Employee has been given a period of 45 calendar days in which to consider this Agreement and decide whether he or she wishes to sign it. After Employee signs this Agreement, Employee has seven (7) calendar days in which Employee can change his or her mind and revoke this Agreement. The City and Employee agree that, to revoke this Agreement, Employee must notify in writing, by hand delivery or mailed via US Postal Service in writing within the 7 -day period to: Stephanie Brown Director of Human Resources City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 JVacation and Other Benefits,. Accrued and unused vacation and compensable sick leave payments due to an employee at the time of separation shall be paid in accordance with those established policies, plans and procedures. Any other pay and benefits (health, dental, etc.) will terminate or cease upon separation in accordance with the terms of those established laws, policies, plans and procedures. 16. Governing Law. The laws of the State of Washington shall govern the validity, performance, enforcement, interpretation and any other aspect of this Agreement, notwithstanding any state's choice of law provisions to the contrary. 17. Complete Agreement. This Agreement constitutes the parties' entire agreement and cancels, supersedes and replaces any and all prior proposals, understandings and agreements (written, oral or implied) regarding all matters addresses herein, except Employee shall continue to be bound by all obligations set forth in any prior agreements, undertakings, waivers and assignments involving confidential information, inventions, non competition, non solicitation, non inducement, patents, copyrights, trademarks and other intellectual property, and compliance with laws and policies. The terms of this Agreement may not be altered or modified except by written agreement between Employee and the City. In connection with this Agreement's acceptance and execution, neither Employee nor the City is relying on any representation or promise that is not expressly stated in the Agreement. -3- 35 36 18. Separation Date. Employee's last day of employment with the City of Tukwila will be December 3L 2010. Employee has read this Agreement, including the waiver and release contained herein, and understands all of its terms. Employee executes it voluntarily and with full knowledge of its significance. Agreed to and signed by: Employee Stephanie Brown, HR Director -4- Steve Lancaster, City Administrator EMPLOYEE DATE By NOTICE OF REVOCATION 1) On 2010, I returned a signed Voluntary Separation Agreement (the "Agreement to Stephanie Brown, HR Director of the City of Tukwila. 2) I am aware of my right to revoke the Agreement anytime within 7 calendar days of the date set forth above by returning this signed Notice of Revocation to Stephanie Brown, HR Director of the City of Tukwila. 3) By returning this signed Notice of Revocation I am electing to revoke the Agreement. 4) I understand that the Agreement, if revoked, will not become effective or enforceable, and that I will not receive the severance benefits that was offered me by the City of Tukwila. 5) I understand that by signing below that my decision to revoke is irrevocable. By Steve Lancaster, City Administrator DATE Stephanie Brown, HR Director DATE -5- 37 38 Finance Safety Committee Minutes August 17, 2010 Page 2 B. Voluntary Separation Program Staff is seeking Council approval of a draft resolution that approves and adopts a Voluntary Separation Program for the City including the draft program description, agreement for voluntary separation, and notice of revocation. The Voluntary Separation program is not a savings strategy, but is intended as an option for employee consideration in lieu of potential layoffs due to the City's current budget crisis. Staff explained briefly that employees will have a 30 -day window to review and apply for the program, and an additional 45 -day period for the employee to review and revoke their decision, as determined by the employee. Decisions regarding positions eligible for participation in the voluntary separation program will be determined by the City, and will be based on the likeliness that the position will not be filled in the foreseeable future. Staff noted that the separation incentives increase as employee longevity increases. Potential savings would be based on participants. The City Attorney has reviewed the proposed program. Due to time constraints involved with the employee review timeline as outlined above, staff is requesting this item go forward to the August 23 COW and the Special Meeting immediately following. UNANIMOUS APPROVAL. FORWARD TO AUGUST 23 COW FOR DISCUSSION. C. Potential Surplus City Properties Based on the request of the Council made at the April 26 Committee of the Whole meeting, staff has been researching potential opportunities for revenue generation based on the sale of surplus property currently owned by the City. Staff has completed evaluation of the property that currently houses the former Tukwila Library/City Hall building. Since this building is located on a single parcel that also houses Fire Station No. 52 and Hazelnut Park, consideration to surplus the land would require a short-plat, re- zoning, and Council review and approval. Additionally, the building is listed with National Historic Register which limits its use potential. High -level appraisal and evaluation, has led staff to recommend the City retain ownership of above mentioned property, and seek out the best possible use for this section of property and building for the community. The Committee was informed that the Tukwila Historical Society has an interest in utilizing the former Tukwila Library/City Hall building and would like to come forward to the City Council requesting permission for use. Based on tonight's Committee discussion and recommendation, and in consideration of the continuity and pattern of decision making, Committee Chair Quinn stated that it would be most appropriate for the Tukwila Historical Society request to be heard by the Finance Safety Committee. UNANIMOUS APPROVAL. FORWARD TO AUGUST 23 COW FOR DISCUSSION. D. Microsoft Enterprise Licensing and VoIP Telephone System Staff is seeking Council approval to utilize funds associated with the recent issuance of limited tax general obligation bonds for the purchase of emergency response capital equipment (see Council minutes dated July 19, 2010), specifically for the procurement of a Voice over Internet Protocol (VoIP) Telephone System and a City -wide Microsoft Enterprise license. Mary Miotke began her presentation by providing new and clarifying information to the Committee which was made available after submission of the original memo: Clarification was made of the funding source as noted above; staff is not requesting additional funding for these purchases. e Specific and accurate pricing is now available for the hardware requirements to implement these systems, and it reflects any savings, as appropriate. An item was added to the hardware category reflected as legal compliance for e -mail archiving. 39 40 CAS NUMBER: 10-095 AGENDA ITEM TITLE CATEGORY 1 SPONSOR SPONSOR'S SUMMARY Fund Source: Comments: EXPENDITURE REQUIRED $0.00 MTG. DATE 08/23/10 09/07/10 MTG. DATE 08/23/10 09/07/10 10-095 Discussion ['Motion Mtg Date 08/23/10 Mtg Date COUNCIL AGENDA SYNOPSIS jVleetzno Date 08/23/10 09/07/10 Iepared by BG BG "nit tals Mayo?ezv c ounczl revzev \IP ITEM INFORMATION I ORIGINAL AGENDA DATE. AUGUST 23, 2010 Ordinance Amending TMC Section 9.48 and Ordinance 2111 Relating to Transportation Impact Fees ITEM No. Resolution Ordinance ['Bid Award Public Hearing Other Mtg Date Mtg Date 09/07/10 Mtg Date Mtg Date Mtg Date council Mayor n Adm Svcs DCD Finance Fire Legal P&R Police PTV This ordinance will amend and update Chapter 9.48 of the Tukwila Municipal Code regarding transportation impact fees. Changes include removing the 12 month vacancy rule when calculating impact fees, modifying the appeal process, and removing the exemptions and vesting sections as they are no longer applicable. Council is being asked to approve this ordinance. REVIEWED BY COW Mtg. CA &P Cmte [I F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: 08/16/10 ;COMMENDATIONS: SPONSOR /ADMIN. Public Works COMMr1TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 08/11/10 Draft Ordinance (revised aft TC) Minutes from the Transportation Committee meeting of 08/1&/10 Transportation Cmte Planning Comm. 41 42 Mayor Haggerton Transportation Committee FROM. Public Works Director, TO: City of Tukwila INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor DATE. August 11, 2010 SUBJECT Amendment to TMC 9.48 Concurrency Standards and Transportation Impact Fees ISSUE Amend certain sections of TMC 9 48 to clarify time of payment, appeals process sections, and remove exemption and vesting clauses. BACKGROUND In December 2005, the City Council passed Ordinance 2111 adopting a revised chapter in the Tukwila Municipal Code regarding traffic concurrency standards and a new impact fee process This change was a dramatic departure from previous levels of service standards and mitigation fee structure ANALYSIS Since the implementation of the current Transportation Impact Fee (TIF) ordinance, staff has found a few sections which need clarification or modification to reflect current conditions Section 9 48.040, Calculation of Impact Fees, has established a 12 month vacancy rule for establishing when existing uses can and cannot get trip credits for existing /previous uses The current economic climate has resulted in longer than typical vacancies and staff is investigating alternative language to better reflect today's needs. The interim solution is removal of the 12 month vacancy rule Section 9 48.060, Time of Payment of Impact Fees, has a minor typographical correction Section 9 48 120, Appeals, has been modified to simplify and clarify the appeals process The current language refers all appeals to the Hearing Examiner using the appeals process established for zoning code and land use appeals Application of that appeal process, as defined in TMC 18 108 020, has proven to be unclear and overly cumbersome. Sections 9.48 130 -140, Exemptions and Vesting, are repealed entirely Exemptions are being removed as there has been some confusion on the use of exempting non residential developments that are categorically exempt from SEPA. It is the intent that any new development or redevelopment which generates new P.M peak hour trips will be subject to payment of an impact fee Development agreements (DA's) can be entered into between the City and the developer which establishes, among other items, the assessment of impact fees. DA's supersede the Tukwila Municipal Code The vesting clause was developed specifically for the La Pianta and Westfield developments who were both in active Development Agreement negotiations with the City. Both Development Agreements have been finalized and no other new development can be eligible for the vesting detailed in TMC 9 48 140. RECOMMENDATION The Council is being asked to approve the draft Ordinance to amend Ordinance No 2111 for Concurrency Standards and Transportation Impact Fees and consider this item at the August 23, 2010 C O.W and September 7, 2010 Regular Council meeting Attachments Draft Ordinance W \PW Eng \Old P drive \Cyndy \Concurrency Impact Fees \INFORMATION MEMO Amendment to TMC 9 48 8- 11- 10.doc 43 44 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE 2111 §1 (PART) AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 9.48, REGARDING CONCURRENCY STANDARDS AND TRANSPORTATION IMPACT FEES VESTING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Council desires to provide greater clarity to Tukwila Municipal Code (TMC) Chapter 9 48 (Concurrency Standards and Transportation Impact Fees) by amending certain sections relating to definitions (TMC Section 9.48.010), the calculation of impact fees (TMC Section 9 48.040), the time of payment of impact fees (9 48.060), and appeals of impact fees (9 48.120), and WHEREAS, the City Council further desires to repeal TMC Sections 9 48 130 and 9 48.140 relating to exemptions and vesting, respectively; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 9.48.020 (Definitions) Amended. Tukwila Municipal Code Section 9.48.020 (Definitions) is hereby amended to read as follows: 9.48.020 Definitions. The words and terms contained in this chapter shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. 1 The "Act" means the Growth Management Act, Chapter 17, Laws of 1990, First Extraordinary Session, Chapter 36.70A RCW et seq., and Chapter 32, Laws of 1991, First Special Session, as now in existence or hereinafter amended. 2. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 3 "City" means the City of Tukwila, Washington. 4. "Development" means the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that requires a building permit. 5. "Development activity" means any construction of a building or structure that creates additional demand and need for transportation facilities. 6. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 7 "Letter encumbered" means to reserve, set aside, or earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of transportation facilities. 8. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity, which requires a building permit and creates a demand for additional facilities. C: \Documents and Settings \melissa -h Desktop \Impact fee ordinance 2111 amendment 8- 11- 1O.doc CK:mrh 08/18/2010 Page 1 of 4 45 46 9. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this chapter as a condition of granting development approval, in order to pay for the transportation facilities needed to serve new growth and development that is a proportionate share of the cost of the capital facilities that is used for facilities that reasonably benefit new development. Impact fees are independent of a permit fee, an application fee, a concurrency test fee, and the administrative fee for collecting and handling impact fees or cost of reviewing independent fee calculations. 10. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. 11. "Proportionate fair share" means that portion of the cost for transportation facility improvements that are reasonably related to the service demands and needs of new development. 12. "Vested" means the right to develop or continue development in accordance with th application is deemed complete. Section 2. TMC Section 9.48.040 (Calculation of Impact Fees) Amended. Tukwila Municipal Code Section 9 48.040 (Calculation of Impact Fees) is hereby amended to read as follows: 0 9.48.040 Calculation of Impact Fees. A. The method of calculating the transportation impact fees in this chapter incorporate, among other things, the following: 1. The cost of public streets and roads necessitated by new development; 2. An adjustment to the costs of the public streets and roadways for past or future mitigation payments made by previous development to pay for a particular system improvement that was prorated to the particular street improvement; 3. The availability of other means of funding public street and roadway improvements; and 4. The methods by which public street and roadway improvements were financed. B Fees for development shall be calculated based on their net new "p.m. peak hour" trip generation rates as determined by the Public Works Director, or designee, applying the ITE Trip Generation Manual. If the proposed development activity concerns an existing use, the fee shall be based on net new trips generated by the redevelopment. If an existing building has not been used for its intended purpose or has beer. vasant for twelve months or more preceding application, no credit for existin trips shall be given. Section 3. TMC 9.48.060 (Time of Payment of Impact Fees) Amended. Tukwila Municipal Code Section 9.48.060 (Time of Payment of Impact Fees) is hereby amended to read as follows: 9.48.060 Time of Payment of Impact Fees. A. The impact fees imposed pursuant to this chapter shall be assessed by the City at the time of the application for the development permit, and shall be due and payable in whole full at the time of issuance of such permit. The fee paid shall be the amount in effect as of the date of the permit issuance. B Impact fees may be paid under protest in order to obtain a permit or other approval of development activity Section 4. TMC 9.48.120 Appeals Amended. Tukwila Municipal Code Section 9.48.120 is hereby amended to read as follows: C: \Documents and Settings \melissa -h Desktop \Impact fee ordinance 2111 amendment 8- 11- 10.doc CK:rnrh 08/18/2010 Page 2 of 4 9.48.120 Appeals. A. Any fee payer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit. B Appeals regarding traffic impact fees imposed on any development activity may only be taken by the fee payer of the property where such development activity will occur. No appeal shall be permitted unless and until the impact fee at issue has been paid. C. Determinations of the Public Works Director or his designee, with respect to the applicability of traffic impact fees to a given development activity, or the availability of a credit, can be appealed to the City's Hearing Examiner, pursuant to this Section. Such appeal shall be a closed record appeal. D An appeal shall be taken within 10 working days of payment of the impact fees under protest or within 10 working days of the City's issuance of a written determination of a credit or exemption decision by filing with the City Clerk a notice of appeal giving thc reasons for thc appall with an accompanying appeal fee, as set forth in the existing fee schedule for land use decisions. E. Appeals under this chapter will be proccose:-'.—ii. accordance with the E. Notices of appeal shall contain the following information. 1. The name of the appealing warty; 2. The address and phone number of the appealing party; and 3. A statement identifying the decision being appealed and the alleged errors in that decision. The notice of appeal shall state specific errors of fact or errors in the application of the law to the facts presented and shall also state the relief sought. The scope of the appeal shall be limited to issues raised in the notice of appeal. Section 5. TMC 9.48.130 Exemptions. Tukwila Municipal Code Section 9.48.130 is hereby repealed. 9.18.130. Exemption impact faaa generated from thc formula for calculating the-fens as S_ Comprehensive Plan. All new development located in thc City that generates net new shall apply: 1. Any non residential project that is categorically exempt from SEPA pursuant to TMC 21.04.080, .100, or .110. 2. Projects that will not generate net new traffic trips; 3. Should the City reduce or waive any impact fees, not subject to Section 9.48.070 Adjustments, of this chapter, az part of a negotiated developer's agTeeme nt s Section 6. TMC Section 9.48.140 Vesting Repealed. Tukwila Municipal Code Section 9.48.140 (Vesting) is hereby repealed. 9.18.110. Vesting. Applicants shall be vested under thc laws, rules and other regulations in effect prior to thc effective date of this ordinance if they have, prior to the effective date of this ordinance: 1 Submitted a buildin p ermit application that the City has deemed complete; or 2. Entered into formal negotiations with the City for a specific project for a C: \Documents and Settings \melissa -h Desktop \Impact fee ordinance 2111 amendment 8- 11- 10.doc CK:rnrh 08 /18/2010 Page 3 of 4 47 48 3. T_ =_T�ia a signed- ag_____ -cnt that is Still in effect with the City addreccing traffic concurrency and impact fees. Section 7. TMC 9.48.150 Authority Unimpaired. Tukwila Municipal Code Section 9.48.150 hereby read as follows: 9.48.150. Authority Unimpaired. Nothing in this chapter shall preclude the City from requiring the fee payer to mitigate adverse and environmental effects of a specific development pursuant to the State Environmental Policy Act, Chapters 43.21C RCW and /or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with Chapters 43.21C and 82.02 RCW. Section 8. TMC 9.48.160 Relationship to SEPA. Tukwila Municipal Code Section 9.48.160 hereby read as follows: 9.48.160. Relationship to SEPA. A. All development shall be subject to environmental review pursuant to SEPA and other applicable City ordinances and regulations. B. Payment of the impact fee pursuant to this chapter shall constitute satisfactory mitigation of those traffic impacts related to the specific improvements identified on the project list. C. Further mitigation in addition to the impact fee shall be required for identified adverse impacts, appropriate for mitigation pursuant to SEPA, that are not mitigated by an impact fee. D Nothing in this chapter shall be construed to limit the City's authority to deny development permits when a proposal would result in significant adverse traffic impacts identified in an environmental impact statement and reasonable mitigation measures are insufficient to mitigate the identified impact. Section 9. Repealer. Ordinance No. 2111 §1 (part) as codified at TMC Section 9 48.130 and 9 48.140 is hereby repealed. Section 10. 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 11. 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 2010. ATTEST/ AUTHENTICATED• Christy O'Flaherty, City Clerk APPROVED AS TO FORM BY Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: C: \Documents and Settings \melissa -h Desktop \Impact fee ordinance 2111 amendment 8- 11- 10.doc CK:mrh 08/18/2010 Page 4 of 4 TRANSPORTATION COMMITTEE Meeting Minutes August 16, 2010 5:00 p.m. Conference Room 1 PRESENT Councilmembers: Verna Seal, Chair; Joan Hernandez and De' Sean Quinn Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Cyndy Knighton, Derek Speck, Steve Lancaster, Gail Labanara and Kimberly Matej CALL TO ORDER: The meeting was called to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Amendments to Tukwila Municinal Code Section 9.48 Regarding Concurrence Standards Transportation Imnact Fees Staff is seeing Council approval to make amendments to Tukwila Municipal Code (TMC) Section 9.48 regarding concurrency standards and transportation impact fees. In addition to minor housekeeping changes (i.e.: grammatical errors), the proposed draft changes outlined below add clarity and definition to TMC Section 9.48: III. MISCELLANEOUS Committee Member Hernandez reported that there is a SCATBd meeting tomorrow, Tuesday, August 17, 2010. Additionally, there is a Regional Task Force Meeting on Wednesday, and SCATBd has asked cities to provide input on regional issues. She expressed her desire to have discussions with staff at the Transportation Committee, or future COW, in order to raise awareness of Tukwila's (as a member of SCATBd and the City, individually) position relative to the Task Force and its report. Meeting adjourned at 5:28 p. m. Next meeting: Tuesday, September 7, 2010 5:00 p.m. Conference Room 1 *Tuesday due to holiday** V 9 Committee Chair Approval MiW y KAM. Reviewed by GL. City of Tukwila Transportation Committee Regarding the Calculation of Impact Fees. Draft language removes the requirement for a location's impact fees to be recalculated after a 12 -month period of vacancy in the building/location. With the status of the current economy, the 12 -month threshold is too restrictive. Staff will continue to work towards formulation of requirements that are more appropriate. Derek Speck expressed support of this change from an economic development standpoint. Appeals. Draft language requires appeals be submitted to City Clerk, with all issues in question identified, and then to Hearing Examiner when applicable. Current language sends the appeal directly to the Hearing Examiner. Exemptions and Vesting. .This section was originally included due to the active negotiations of certain development agreements at the time of the ordinance formulation. The vesting section will be removed as it is no longer applicable. UNANIMOUS APPROVAL. FORWARD TO AUGUST 23 COW FOR DISCUSSION. 49 50 CAS NUMBER: 10-096 CATEGORY SPONSOR SPONSOR'S SUMMARY EXPENDITURE REQUIRED MTG. DATE 8/23/10 9/7/10 Meetzn Date 08/23/10 09/07/10 COUNCIL AGENDA SYNOPSIS Initzals Prepared by Mayw rr view Council review MM 1 AV( MM 1 ITEM INFORMATION 1 ORIGINAL AGENDA DATE: AUGUST 18, 2010 AGENDA ITEM TITLE VoIP Phone System Microsoft Enterprise Licensing ITEM No. Discussion Motion Resolution Ordinance Bid Award Public Heanng Other Mtg Date 08/23/10 Mtg Date 09/07/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Council Mayor IT DCD Finance Fire Legal P&R Police PW Staff is seeking Council approval to utilize funds associated with the recent issuance of limited tax general obligation bonds for the purchase of emergency response capital equipment (see Council minutes dated July 19, 2010), specifically for the procurement of a Voice over Internet Protocol (VoIP) Telephone System and a City -wide Microsoft Enterprise license. Transportation Cmte Planning Comm. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: 08/17/10 RECOMMENDATIONS: SPONSOR /ADMIN. IT Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST :IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED $932,622 $935,454 Fund Source: BOND INITIATIVE FOR EMERGENCY MANAGEMENT Comments All items included in this funding request are within the total amount approved in the limited tax general obligation bond approved by Council on July 19, 2010. 1 MTG. DATE I RECORD OF. COUNCIL ACTION 8/23/10 ATTACHMENTS Informational Memorandum dated 8/16/10 Minutes from the Finance and Safety Committee meeting of 8/17/10 51 52 Mayor Haggerton Finance and Safety Committee FROM: Mary Miotke, IT Director DATE: August 16, 2010 TO: City of Tukwila SUBJECT: City -wide Microsoft Enterprise Licensing and VoIP phone system (amended after FS Meeting) ISSUE The City Council directed staff to research and present information on Microsoft Enterprise Licensing (EA) and Voice over Internet Protocol (VoIP) phone systems for approval prior to procurement. BACKGROUND On July 19, 2010 the City Council approved an ordinance providing the issuance of a Limited Tax General Obligation Bond. The bond includes provision of funding for emergency response capital equipment. Included in this bond request were funds allocated specifically to IT enhancements that will improve the City's ability to respond and react to emergencies. The Council directed staff to research and present additional information regarding the pricing, purchasing and procurement of these items. IT is not asking for additional funding; the funding has been provided for through the recent bond sale. Decision points to consider for approval include: 1. VoIP system process considerations 2. Enterprise Licensing purchase consideration 3. Hardware /Software required to implement systems (informational only) Discussion of Decision ooints INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor 1. VoIP system considerations Staff is asking for direction on the purchasing process for replacing our current phone system. The phone system the City currently utilizes is archaic and is becoming difficult to support. It is hard to obtain parts and service. In 2008 the City hired a consultant to study the current phone system. During the study the consultant diagramed our current structure and interviewed employees. The study recommended we upgrade the system to a digital VoIP system. A VoIP phone system would facilitate necessary Emergency Management communication in the event of an emergency. VoIP systems currently on the market are redundant, versatile, and would allow off -site communication portability when necessary. By moving to a VoIP system the City will realize a savings in both the ongoing management and maintenance costs as well as the system and service provider costs. There are many vendors that sell, implement, and support VoIP systems. We have researched ShoreTel, Avaya, Mitel, Cisco, and Microsoft. All have strengths in areas of implementation, support and user friendly interfaces. There are differences between the products with relation to redundancy options and the ability to integrate with our current systems. We have seen demos on several of these products. 53 INFORMATIONAL MEMO Page 2 Several local jurisdictions are moving to VoIP, or have recently completed an RFP process to select a VoIP vendor. We are sharing and collaborating with the City of Renton (and potentially SCORE Jail) in their procurement process to ensure we research all possible avenues. RFP's have been reviewed from the City of Lynnwood (selected Cisco at approximately $800 per phone, 500 users), City of Bellingham (selected ShoreTel at approximately $888 per phone, 900 users), and Bellevue College (selected Mitel at approximately $500 per phone, 1000 users using NJPA pricing). The consultant's study estimated the City of Tukwila would need to purchase for approximately 300 users. There are several ways to complete the process for selecting a vendor. We can continue sharing and collaborating with the City of Renton and SCORE jail for possible economy of scale in pricing. From the systems reviewed, the City of Renton would select several top candidates to move on to an RFP process. Using an interlocal agreement, the participating jurisdictions would collaborate on questions and criteria for the RFP. Going through the traditional RFP process will take longer, but can provide additional assurance that our selection was the best for the City. An alternative option in order to save time and get the system implemented as soon as possible is to select Mitel, a company with a local branch in Tukwila. Mitel was recently awarded the contract for National Joint Powers Alliance (NJPA) through an RFP process, which gives them rights to offer government entities pre negotiated and favorable pricing structures. The NJPA contract has been reviewed and approved for purchasing use by the City Attorney's office. The Mitel system would work well with our current systems. It is scalable, includes the features we require, compares well with the other systems reviewed, and the company can provide local support. Purchasing Decision 1: At this time we do not have a firm quote but require guidance on the process. Continue with the RFP process with the City of Renton and SCORE Jail, or purchase through the NJPA contract with Mitel? Staff Recommendation: In order to have the system operational during the first part of the flood season the IT Department recommends pursuing a firm quote from Mitel utilizing the NJPA contract pricing in procuring a VoIP system. Pricing is expected to be less than the approved bonding fund allocation amount and Mitel has a local Tukwila branch. Research to date supports that Mitel would be the most cost effective solution. The Council is being asked to consider this at the August 23, 2010 Committee of the Whole meeting and subsequent September 7, 2010 Regular meeting. 2. Microsoft Enterprise Licensing Funding has been provided for through the recent bond sale; however, Council approval is required to proceed. The City of Tukwila currently utilizes Microsoft Open Agreement Government pricing for purchasing Microsoft Licenses, purchasing ONLY enough licenses each year to install on the new PCs purchased. The current rotation allows for' of the City's PCs to be upgraded every year, resulting in the potential for City staff to be working on 4 different versions of software at any given time. Collaboration is difficult when using different versions of the software. Maintaining the ability to share documents when working with internal and external agencies is critical, especially when the outside agencies are on the latest versions. The ability to collaborate becomes even more essential during emergencies. Buying into an EA contract has numerous advantages. The contract you are being asked to consider would include the Operating System and Office Pro for all PCs in the City, the purchase of Exchange Server for e- mail, SharePoint, and all of the associated Client Access Licensing (CALs) for the software. It would also include Software Assurance, which is the assurance that within the contract time frame, the City has the ability to stay current with software programs. Any new releases of software purchased with the contract are available to the City for all PCs. Exchange Server would allow the City to utilize Microsoft Exchange and the Outlook interface instead of GroupWise. A SharePoint web -based portal would be used for collaboration and 5 4foMemo_VoIP &EA.doc INFORMATIONAL MEMO Page 3 document sharing, offering a single integrated location where employees can use and organize resources. SharePoint could also be used to manage the Council's citizen response tracking system allowing multiple staff to view, respond and track responses, based upon pre -set security levels, with both onsite and secure remote access. Additional benefits include technical management tools for IT staff, training vouchers for IT staff technical training classes, TechNet support subscriptions, E- Learning access for all City staff, and a home -use software program for all employees at a nominal charge. It is important to note that while not currently allocated in the budget, GroupWise is at an older version with limited features and will need an upgrade. The cost of this upgrade could potentially be upwards of $20,000. At the very least an investment is needed to stay in compliance with GroupWise user licensing. The cost to buy into the EA would be at a higher cost for the first 3 years ($103K per year) as compared to what we are purchasing and budgeted for now. The yearly cost after the first 3 years is substantially lower than what it would cost to buy Licensing with Open Licensing if we were purchasing for 100% of the City's PCs. For the cost of ensuring all PCs have current versions of software, the City would be able to take advantage of all of the benefits of Enterprise licensing. DIS State Contract Enterprise Licensing Enterprise Licensing 3 years $103,378 InfoMemo_VoIP &EA.doc Annual PRODUCrs.INCLUDED WinPro ALNG UpgrdSAPk MVL Pltfrm wMDOP OfficeProPlus ALNG LicSAPk'NIVL:PItfrrns. EntCAL ALNG LicSAPk MVL Pltfrm UsrCAL wSrvcs Additional Product"sl„ WinSvrStd ALNG LicSAPk MVL years 4,5,6 .103. $65,692 W inSvrDataCtr ALNG LicSAPk MVL.1Proc 275 I ExchgsvrStd ALNG LicSAPk MVL 275 .i OfficeSharePointSvr ALNG LiicSAPk MVL 350 I SysCtrCnfgMgrSvr ALNG LicSAPk MVL ='OfficeCommsSvrStd,ALNG LicSAPk MVL 2 I FrFrntCltSecMgmtCnsl ALNG SubsVL MV L wsgL FrFrntSecSvrMgmtCnsl ALNG SubsVL MVL Srvcs Purchasing Decision 2: Proceed with purchase of Microsoft Enterprise Licensing using DIS State contract pricing? 4 1 Staff Recommendation: It is the recommendation of the IT Department to move forward with the purchase of Microsoft Enterprise Licensing as proposed. The Council is being asked to consider the procurement of Enterprise Licensing for the City in the amount of $103,378 per year (for 3 years for a total of $310,134) at the August 23, 2010 Committee of the Whole meeting and subsequent September 7, 2010 Regular meeting. 3. Hardware /Software required to implement systems (informational only) To ensure success of these projects we need to enhance our existing infrastructure to support emergency planning, phone systems and Exchange e -mail (included with the EA agreement). $91,320 of the bond was allocated for system upgrades. Several items are partially attributed to the VoIP phone system project and will be paid for with the approved phone system funding. A total of $69,971 is required for Hardware /Software items from the bond funds, leaving a remaining $21,349 unallocated. This amount could then be applied to purchase an e-mail archive appliance for Exchange with 3 years support and maintenance at $19,651 to remain in compliance with legal requirements for record archival. The balance of 55 5 6' INFORMATIONAL MEMO Page 4 the hardware /software system ($33,044). The ITEM Cisco 3560 24 Port Switch Cisco GBIC for 3560 Watchguard 1250e Firewall *FalconStor SAN *HP Proliant Servers 1 2 1 $14,700.00 *VMWare vSphere w /site recovery manager 4 $11,100.00 Equipment Maintenance and Installation 1 indicates that 50% will be paid for by phone system ($33,044) E -Mail archive application foMemo_VolP &EA.doc purchases would come out of the bond funds allocated for purchase of the phone table below outlines equipment necessary to the success of these projects. Approved Total Quote Purchase Bond Amount Amount HW /SW w/ for HW /SW w/Tax Bond Amt 1 $19,936.00 1 $19,936.00 8 1 1 $6,300.00 1 $6,300 00 1 I 1 $3,591.00 1 $3,591.00 1 I $39,200.00 1 $19,600.00 QTY 6 $19,800.00 $7,200.00 $2,520.00 $36,000.00 $91,320.00 Savings: Cost: Total Savings: ATTACHMENTS A. 2008 Consultant Recommendations for VoIP $12,188.00 1 $6,094 00 DESCRIPTION Network Switches for infrastructure connectivity Needed to connect switches via fiber Firewall for security and VPN access Storage for data and virtualization of servers Robust servers to run redundant virtual environment $14,700.00 $7,350.00 Virtualization software $7,100.00 $7,100.00 Equipment Maintenance and Installation $103,015.00 $69,971.00 $21,349.00 Remaining bond funds allocated for HW /SW Required to be in legal compliance for $19,651.00 Exchange e-mail program Total Remaining bond funds allocated for HW /SW after purchase of E -mail archive $1,698.00 application Purchasing Decision 3: Funding has been provided for through the recent bond sale. Proceed with purchase to support projects. ALTERNATIVES Continue jointly with the City of Renton and SCORE Jail on RFP Process for procuring VoIP system. Continue current practice of purchasing Microsoft Open Agreement Government Licensing RECOMMENDATION The Council is being asked to consider providing purchasing direction on decision points 1 2 at the August 23, 2010 Committee of the Whole meeting and subsequent September 7, 2010 Regular meeting. Attachment A. 2008 Consultant Recommendations for VoIP System Pricing Estimate Estimated System Pricing During the initial stages of the City of Tukwila's phone replacement project, Tellink was asked as part of the scope of work to provide estimated budgetary pricing for this project. As you can imagine this can be a difficult task to estimate a system price when the system vendor nor manufacture has been established. There are many factors that can impact the price of an enterprise system. Issues like survivability requirements, VoIP or TDM system transport, quality and condition of the data switching hardware are just a few of the primary issues. In addition, feature options tike IVR (Integrated Voice Response), ACD (Automatic Call Distribution), or wireless telephony have a price impact but also vary greatly between manufactures. Tellink reviewed pricing for a number of different phone systems that we implemented in the last year. These were all multisite system with varying levels of redundancy and features. We broke down the cost per station which averaged about $1400.00 per station. Based on our count of 273 stations at the City of Tukwila the estimated total investment for the system would be $382,200.00. Project Management Pricing Much like estimating the cost of a phone system, estimating project management time prior to knowing the type of system is difficult. Some of the items that impact project management time is the level of detail required on a per user bases, the amount of redundancy and failover testing and the types of features and call routing selected. Similar to how we determined the system cost, for project management cost, we reviewed a number of our previous implementations. Based on the recommended project plan we have estimated the price to be approximately $32,000. Once a winning vendor has been selected Tellink would be happy to provide a fixed quote to the City for our project management services. Cable Pricing Please see Attachment A for the breakdown on cabling. E911 Whether using a TDM or VoIP transport system, if the City decides to consolidate dial tone to one or more locations then it will be required by state law to have an E911 database in place. This will provide locations specific information to the PSAP so that 911 responders arrive at the correct address rather than the address where the dial tone service is delivered. Tellink can provide this database development service for $2,500.00. Network Upgrade See System Engineering LAN/WAN Network Infrastructure Components of Purchase Telephone System Cabling VoIP Cabling TDM Project Management E911 Network Upgrades for VoIP Total for TDM Total for VoIP Estimated Cost $382,200.00 $17,500.00 $10,000.00 $32,000.00 1 $2,500.00 $100,000.00 $526,700.00 $534200.00 57 58 Finance Safety Committee Minutes August 17, 2010 Page 2 B. Voluntary Separation Program Staff is seeking Council approval of a draft resolution that approves and adopts a Voluntary Separation Program for the City including the draft program description, agreement for voluntary separation, and notice of revocation. The Voluntary Separation program is not a savings strategy, but is intended as an option for employee consideration in lieu of potential layoffs due to the City's current budget crisis. Staff explained briefly that employees will have a 30 -day window to review and apply for the program, and an additional 45-day period for the employee to review and revoke their decision, as determined by the employee. Decisions regarding positions eligible for participation in the voluntary separation program will be determined by the City, and will be based on the likeliness that the position will not be filled in the foreseeable future. Staff noted that the separation incentives increase as employee longevity increases. Potential savings would be based on participants. The City Attorney has reviewed the proposed program. Due to time constraints involved with the employee review timeline as outlined above, staff is requesting this item go forward to the August 23 COW and the Special Meeting immediately following. UNANIMOUS APPROVAL. FORWARD TO AUGUST 23 COW FOR DISCUSSION. C. Potential Surplus City Properties Based on the request of the Council made at the April 26 Committee of the Whole meeting, staff has been researching potential opportunities for revenue generation based on the sale of surplus property currently owned by the City. Staff has completed evaluation of the property that currently houses the former Tukwila Library/City Hall building. Since this building is located on a single parcel that also houses Fire Station No. 52 and Hazelnut Park, consideration to surplus the land would require a short-plat, re- zoning, and Council review and approval. Additionally, the building is listed with National Historic Register which limits its use potential. High -level appraisal and evaluation, has led staff to recommend the City retain ownership of above mentioned property, and seek out the best possible use for this section of property and building for the community. The Committee was informed that the Tukwila Historical Society has an interest in utilizing the former Tukwila Library/City Hall building and would like to come forward to the City Council requesting permission for use. Based on tonight's Committee discussion and recommendation, and in consideration of the continuity and pattern of decision making, Committee Chair Quinn stated that it would be most appropriate for the Tukwila Historical Society request to be heard by the Finance Safety Committee. UNANIMOUS APPROVAL. FORWARD TO AUGUST 23 COW FOR DISCUSSION. D. Microsoft Enterprise Licensing and VoIP Telephone System Staff is seeking Council approval to utilize funds associated with the recent issuance of limited tax general obligation bonds for the purchase of emergency response capital equipment (see Council minutes dated July 19, 2010), specifically for the procurement of a Voice over Internet Protocol (VoIP) Telephone System and a City -wide Microsoft Enterprise license. Mary Miotke began her presentation by providing new and clarifying information to the Committee which was made available after submission of the original memo: Clarification was made of the funding source as noted above; staff is not requesting additional funding for these purchases. Specific and accurate pricing is now available for the hardware requirements to implement these systems, and it reflects any savings, as appropriate. An item was added to the hardware category reflected as legal compliance for e -mail archiving. 59 60 Finance Safety Committee Minutes Auoust 17.2010 Page 3 After discussion, the Committee concurred with staff recommendation for the following: Move forward with the purchase of a VoIP Telephone System through the existing National Joint Powers Alliance contract utilizing Mitel as the vendor. Pricing is anticipated to be less than the funding provided by the bonds. Move forward with the procurement of the Microsoft Enterprise license (cost is 103,378 annual for a three year total of $310,134.) As information only, staff briefly discussed the hardware items in the memo that support the ViOP Telephone System and Microsoft Enterprise Licensing. UNANIMOUS APPROVAL. FORWARD TO AUGUST 23 COW FOR DISCUSSION. E. Ordinance: King County Animal Control Regulations Staff is seeking Council approval of a draft ordinance which will repeal Section 7.04 of the Tukwila Municipal Code (TMC) regarding Animal Care and Control, and in its place adopt, by reference, King County Code Title 11 relative to Animal Care and Control. As not addressed by King County Code, the draft ordinance also adopts regulations regarding dangerous dogs and dog leash requirements. The City is able to adopt additional regulations as deemed necessary, and the regulations will be enforceable by King County. The Committee expressed interest in the future consideration of increased fees for offenders with multiple violations. UNANIMOUS APPROVAL. FORWARD TO AUGUST 23 COW FOR DISCUSSION. F. Sales Tax Report Shawn Hunstock reviewed sales tax revenue through May 2010. Unfortunately, receipts continue to decline, with May numbers falling 33.44% below budget estimates and $15,000 below actual receipts for the same month last year. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 6:50 p.m. Next meeting: Wed., September 8, 2010 5:00 p.m. Conf. Room #3 **Wednesday due to holiday** e• Committee Chair Approval Minutes by KAM. Reviewed by MV. SL and MM. CAS NUMBER: 10-097 AGENDA ITEM TITLE An Ordinance adopting King County Animal Control Regulations CATEGORY Discussion Motion Resolution Ordinance U Bad Award Public Hearzng n Other Mtg Date 08/23/10 Mtg Date Mtg Date Mtg Date 09/07/10 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police ❑PWI SPONSOR'S In accordance with Section 3(a) of the interlocal agreement with King County, the City SUMMARY agreed to adopt the County's animal control regulations, contained within King County Code, Title 11. The Council is being asked to approve the ordinance providing for adoption of King County Code Title 11 by reference, repeal of TMC Chapter 7.04, adoption of TMC Chapter 7.16, and adoption of TMC Chapter 7.20. RJ MEWED BY COW Mtg. CA &P Cmte F &S Cmte n Transportation Cmte Utilities Cmte n Arts Comm. Parks Comm. Planning Comm. DATE: 08/17/2010 RECOMMENDATIONS: SPONSOR /ADMIN. Finance Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST FUND SOURCE Fund Source: Comments: MTG. DATE 8/23/10 EXPENDITURE REQUIRED MTG. DATE 8/23/10 09/07/10 COUNCIL AGENDA SYNOPSIS Inataals Meeting Date Prepared by Mayo ew Council review 08/23/10 SH b3) I 09/07/10 SH ITEM INFORMATION 1 ORIGINAL AGENDA DATE: AUGUST 17,2010 AMOUNT BUDGETED RECORD OF COUNCIL ACTION ITEM No. APPROPRIATION REQUIRED ATTACHMENTS Informational Memorandum dated 8/11/2010 Ordinance in draft form, with Exhibit A: King County Code, Title 11 Summary of Fee Code Amendments for Regional Animal Services (from King County) Crosswalk of KCC Title 11 and TMC Chapter 7.04 Minutes from the Finance Safety Committee Meeting of 8/17/2010 61 62 City of Tukwila INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Shawn Hunstock, Finance Director DATE: August 11, 2010 SUBJECT: Animal Care and Control Code Updates ISSUE Jim Haggerton, Mayor At the June 21, 2010 Regular Council meeting the City Council authorized the Mayor to enter into an interlocal agreement with King County for the provision of animal control, sheltering and licensing services in Tukwila. In accordance with Section 3(a) of the interlocal agreement, the City agreed to adopt the County's animal control regulations, contained within King County Code (KCC), Title 11. The City is authorized to add additional regulations beyond KCC 11, however those additional provisions will need to be drafted with input and assistance from County staff as their employees will have primary responsibility for enforcing the animal control regulations within Tukwila. BACKGROUND Tukwila representatives participated in a joint City- County planning effort to develop a new regional animal care and control model. This new model forms the basis of the interlocal agreement adopted by Council on June 21 The County will continue to provide animal care and control services in Tukwila through December 31, 2012. During the next two and a half years, staff will continue to explore sub regional options for provision of these services. Potential partners include Burien, SeaTac, Renton and Kent. City staff is also participating in a Joint City- County Committee to investigate ways to improve service delivery for contracting cities, provide feedback to the County regarding levels of service, and suggest ways to create and improve efficiencies in the services the County provides. DISCUSSION The attached ordinance repeals the existing City regulations regarding animal care and control, found in Chapter 7.04 of the Tukwila Municipal Code. The ordinance further adopts by reference Title 11 of the King County Code related to animal care and control. 63 INFORMATIONAL MEMO Page 2 Part of the process of developing a new regional model for delivery of animal services included reviewing the way the current system operated, determining whether there were any potential efficiencies in the delivery of those services, and whether the existing rate and fee structure was sufficient to recover costs and /or deter certain pet owner behaviors. The attached Summary of Fee and Code Amendments for Regional Animal Services outlines the changes that were incorporated into KCC, Title 11. These changes were as the result of the efforts of the regional planning committee for animal care and control. The changes incorporate necessary regulatory updates to adopt and incorporate the new regional model for animal control into the County code. Also attached is a crosswalk between TMC Chapter 7.04, which is being repealed in the attached ordinance, and Title 11 of the King County Code, which is being adopted by reference. Two significant areas in the existing TMC Chapter 7.04 that were not present in KCC Title 11 were dangerous dog regulations and dog leash requirements. With the repeal of TMC Chapter 7.04 in its entirety, the dangerous dog and leash law regulations are being codified in new TMC Chapters. The dangerous dog requirements, which are the same as the current provisions found in TMC 7.04.085 -.100 and 7.04.140(D), are found in the new TMC Chapter 7.16. The regulations concerning dog leash requirements are found in the new TMC Chapter 7.20, which is the same as that found in the current TMC 7.04.070(B). RECOMMENDATION The Council is being asked to approve the ordinance providing for adoption of King County Code Title 11 by reference, repeal of Tukwila Municipal Code Chapter 7.04, adoption of TMC Chapter 7.16 regarding dangerous dogs, and adoption of TMC Chapter 7.20 regarding dog leash requirements. This item is scheduled to be discussed at the August 17, 2010 Finance and Safety Committee meeting, the August 23 Committee of the Whole meeting, and the September 7 Regular meeting. ATTACHMENTS Ordinance in draft form, with Exhibit A: King County Code, Title 11 Summary of Fee Code Amendments for Regional Animal Services (from King County) Crosswalk of KCC Title 11 and TMC Chapter 7.04 6 4 W12010 InfoMemoslInfoMemo_ KCAnimalControlCodeAdoption.doc 7.16.010 Definitions. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING TUKWILA MUNICIPAL CODE CHAPTER 7.04, "ANIMAL LICENSING AND REGULATIONS ADOPTING BY REFERENCE KING COUNTY CODE TITLE 11, "ANIMAL CARE AND CONTROL," TO BE CODIFIED AS TUKWILA MUNICIPAL CODE CHAPTER 7.12; ADOPTING TUKWILA MUNICIPAL CODE CHAPTER 7.16, "DANGEROUS DOGS ADOPTING TUKWILA MUNICIPAL CODE CHAPTER 7.20, "DOGS AT LARGE AND LEASHES PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila entered into an interlocal agreement with King County dated June 21, 2010 for the provision of animal care and control services; and WHEREAS, as a result of the new interlocal agreement with King County, the City Council wishes to repeal in its entirety Tukwila Municipal Code (TMC) Chapter 7.04, "Animal Licensing and Regulations and WHEREAS, as a further result of the new interlocal agreement with King County, the City Council wishes to adopt by reference King County Code Title 11, "Animal Care and Control," to be codified as TMC Chapter 7.12; and WHEREAS, in the interest of public health, safety, and welfare, the City Council desires to establish new chapters of the TMC titled "Dangerous Dogs" and "Dogs at Large and Leashes," to be codified as TMC Chapter 7.16 and TMC Chapter 7.20, respectively; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 2011 §1 (part), as codified at Tukwila Municipal Code Chapter 7.04, "Animal Licensing and Regulations," is hereby repealed. Section 2. KCC Title 11 (Animal Care and Control) Adopted. King County Code (KCC) Title 11, entitled "Animal Care and Control attached hereto as Exhibit "A" and incorporated in full by reference as presently constituted or hereafter amended, is hereby adopted in its entirety. KCC Title 11 shall be codified in a new Tukwila Municipal Code Chapter 7.12 entitled "Animal Care and Control." Section 3. TMC Chapter 7.16 Adopted. A new Tukwila Municipal Code Chapter 716 to be entitled "Dangerous Dogs" is hereby adopted to read as follows: A. "Animal" means any living creature except Homo Sapiens, 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 enforcing the animal control laws of the City and with the shelter and welfare of animals. W Word Processing Animal Care and Control.doc SMK:mrh Page 1 of 6 65 66 C. "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 State or municipal peace officer, sheriff, constable, or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal. D. "Cihj" 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 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. (Definition of Potentially Dangerous Dog: see Item I.) G. "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. 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, causing a person to take defensive action in order to prevent bodily injury; or 2. Approaches a person on the streets, sidewalks, 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 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. J. "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 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. W Word Processing Animal Care and Control.doc SMK:nuh Page 2 of 6 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 tensile 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 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, which 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; and 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 Dog. 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 7.16.010 For the purposes 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 Authority; or W Word Processing Animal Care and Conaol.doc SMK:nuh Page 3 of 6 67 68 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 shall be assessed all actual service costs expended under this subsection. D. Declaration, information required. The declaration set forth in this section shall state at least: keeper; 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 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 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. W Word Processing Animal Care and Control.doc SMK:nuh Page 4 of 6 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 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 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 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 RCW 9A.20.021 Section 4. TMC Chapter 7.20 Adopted. A new Tukwila Municipal Code Chapter 7.20 to be entitled "Dogs at Large and Leashes" is hereby adopted to read as follows: 7.20.010 Definitions. worms. A. "Animal" means any living creature except Homo Sapiens, insects and 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 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. 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 W Word Processing Animal Care and Control.doc SMK:mrh Page 5 of 6 69 70 Section 5. 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 6. 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 2010. ATTEST /AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney W Word Processing Animal Care and Control.doc SMK:mrh Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published. Effective Date: Ordinance Number: Attachment: Exhibit A King County Title 11, "Animal Care and Control" Page 6 of 6 Chapters: 11 02 11 04 11.08 11.12 11.20 11.24 11.28 11 32 Regional Animal Services Section Animal Care and Control Regulations Dog Leash Law Rabies Control Disposition of Fowl and Rabbits Stock Restricted Area Exotic Animals Guard Dogs Title 11 ANIMAL CARE AND CONTROL (Formerly ANIMAL CONTROL) EXHIBIT A ANIMAL CARE AND CONTROL (King County 6 -2010) 71 72 BLANK 11 -2 EXHIBIT A REGIONAL ANIMAL SERVICES SECTION 11.02.010 11.02.050 Sections: Chapter 11.02 REGIONAL ANIMAL SERVICES SECTION (Formerly ANIMAL CARE AND CONTROL SECTION) EXHIBIT A 11 02.010 Established. 11 02.020 Manager established compensation. 11 02.030 Agreements authorization. 11 02.040 Agreements concessions revenue for regional animal services. 11.02.050 Agreements advertising, sponsorship, naming rights for regional animal services programs restrictions. 11.02.060 Gifts, bequests and donations solicitation and acceptance deposit in animal bequest fund restrictions. 11.02.010 Established. There is established a regional animal services section in the records and licensing services division The regional animal services section is by this chapter designated the agency authorized to provide animal care services and enforce animal control laws. (Ord 16861 7, 2010 Ord. 15971 57, 2007: Ord 15801 1, 2007: Ord. 14498 6, 2002: Ord 1361 4, 1972: Ord 1269 1, 1972) 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 accordance with county personnel policies. (Ord 16861 8, 2010: Ord 15801 2, 2007 Ord. 14498 7, 2002. Ord. 6370 1, 1983: Ord. 1269 3, 1972) 11.02.030 Agreements authorization. The county executive is authorized to enter into agreement with any or all other municipal corporations in King County for the licensing and enforcement of local municipal ordinances relating to animal care and control, and with other legal entities for the purpose of dead animal disposal. (Ord. 15801 3, 2007 Ord. 6370 2, 1983: Ord. 1370 1, 1972) 11.02.040 Agreements concessions revenue for regional animal services. The director of the department of executive services is authorized 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. (Ord. 16861 9, 2010). 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 financial support for regional animal services programs. Advertising shall be restricted to commercial speech B. Advertisers and sponsors shall abide by the nondiscrimination 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 violation of K.0 C. chapter 12.51. C. The director may impose additional subject- matter restrictions 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. (Ord 16861 11, 2010) 11 -3 (King County 6 -2010) 73 74 11-4 EXHIBIT A 11 02.060 ANIMAL CARE AND CONTROL 11.02.060 Gifts, bequests and donations solicitation and acceptance deposit in animal bequest fund restrictions. A. Consistent with K.0 C. chapter 3 04, the executive, the director of the department of executive services, the manager of the records and licensing services division, the manager of the regional animal services section, the council and councilmembers, and staff who report directly to those officers or officials and who do so at those officers' or officials' direction, may solicit and accept from the general public and business communities and all other persons, gifts, bequests and donations to the county in support of regional animal services. B. All gifts, bequests and donations of money to the county for regional animal services shall be deposited and credited to the animal bequest fund created under K.0 C. 4.08.410. C. The director of the department of executive services shall assure that expenditures from the gift, bequest or donation are consistent with the terms, if any, requested by the grantor. (Ord. 16861 10, 2010). (King County 6 -2010) ANIMAL CARE AND CONTROL REGULATIONS 11 04 Sections: Chapter 11.04 ANIMAL CARE AND CONTROL REGULATIONS (Formerly ANIMAL CONTROL REGULATIONS) 11 04 010 Purpose and scope conflicts. 11.04 020 Definitions. I. GENERAL PROVISIONS II. LICENSING EXHIBIT A 11.04.030 Pet licenses required issuance penalty fee use improper checks exceptions. 11 04.033 Animal shelter, kennel, grooming service, cattery and pet shop General licenses Requirements. 11.04.035 License fees and penalties. 11 04 050 Animal shelter, cattery, pet shop, grooming service and kennel license Information required. 11.04 060 Hobby kennel or hobby cattery licenses required limitations requirements issuance and maintenance special hobby kennel license. 11.04.070 Animal shelters, kennels, hobby kennels, catteries, hobby catteries or pet shops reporting required. 11.04 080 Animal shelters, kennels, catteries, grooming service or pet shops inspections unsanitary conditions unlawful. 11.04.090 Animal shelters, kennels, grooming services, catteries and pet shops Conditions 11 04.100 Animal shelters, kennels, catteries, grooming services and pet shops Indoor facilities 11.04.110 Animal shelters, kennels, catteries and pet shops Outdoor facilities. 11 04.130 Grooming parlors Conditions. 11.04.140 Animal shelters, hobby kennels, kennels, pet shops, grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners additional condition 11.04.150 Licenses, registration revocation, suspension or refusal to renew. 11.04.160 Licenses, registration revocation or refusal waiting period. 11.04.165 Individual private animal placement permit required qualifications limitations inspection, denial and revocation. 11 04.167 Organizational private animal placement permit required qualifications limitations inspection, denial and revocation. 11 -5 75 76 (King County 6 -2010) 11 04 ANIMAL CARE AND CONTROL III. ENFORCEMENT, PENALTIES AND PROCEDURES 11.04 170 Enforcement power 11.04.180 Violations deemed nuisance abatement. 11.04.190 Violations Misdemeanor Penalty. 11.04.200 Violations civil penalty. 11.04.210 Impounding. 11.04.220 Additional enforcement. 11.04.225 Additional enforcement cruelty to animals. 11.04.230 Nuisances defined. 11.04.235 Transfer of unaltered dogs and cats prohibited. 11 04.240 Unlawful acts against police department dogs Penalty for violation. 11.04.250 Violations unlawful acts cruelty to animals database 11 04.260 Violations notice and order. 11.04.270 Appeals. 11.04.280 Redemption procedures. 11.04.290 Vicious animals corrective action. 11 04.300 Civil penalty and abatement costs Liability of owner. 11.04.310 Costs of enforcement action. 11.04 330 Additional rules and regulations. 11.04 335 Waiver of fees and penalties. 11.04.345 Private Animal Placement Permit Citizen Complaint Process. IV. MANDATORY SPAY AND NEUTER PROGRAM 11.04.400 Mandatory spaying and neutering 11 04.410 Spay or neuter vouchers. 11 04.500 11.04.510 11 04 520 11.04.530 11.04 540 11.04.550 11.04.560 11 04 570 11 04 580 V. OTHER PROVISIONS Euthanasia rate targets. Unaltered dogs and cats Advertising requirements. Rabies vaccination required. Exemptions from chapter. Unauthorized release of animals from confinement. Monitoring and reporting. Public information education Breeder certification program. Canvassing program. 11 -6 EXHIBIT A (King County 6 -2010) ANIMAL CARE AND CONTROL REGULATIONS 11 04 010 11 04.020 I. GENERAL PROVISIONS 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 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 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.0 Title 21A shall control. (Ord 16861 12, 2010: Ord. 15801 4, 2007. Ord. 13148 1, 1998: Ord. 1396 Art. I 2, 1972) 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 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 B "Altered" means spayed or neutered C. "Animal" means any living creature except Homo sapiens, insects and worms. D. "Animal care and control authority" means the regional 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 duties 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, lamb, goat, sheep, hog or other animal made to be domestic. 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 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. 1 1 7 EXHIBIT A (King County 6 -2010) 77 78 11 -8 EXHIBIT A 11 04 020 ANIMAL CARE AND CONTROL 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 actions, 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 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 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 combination hobby cattery/kennel license may be issued where the total number of cats and dogs exceeds the number otherwise allowed in K.0 C. Title 21A. N. "Juvenile" means any dog or cat, altered or unaltered, that is under six months old O. "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. 21A.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 cannot readily be ascertained and when the animals are not restrained 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. EXHIBIT A (King County 6 -2010) ANIMAL CARE AND CONTROL REGULATIONS 11.04 020 11 04 030 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 registered 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 organization or person devoted to the welfare, protection and humane treatment of animals Z. "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 K.C.0 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 other 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. (Ord. 16861 13, 2010: Ord. 15971 58, 2007: Ord 15801 5, 200T Ord 14498 8, 2002: Ord. 11792 4, 1995: Ord 11404 1, 1994 Ord 10809 1, 1992. Ord. 10423 1, 1992. Ord. 7923 1, 1987 Ord 6370 3, 1983. Ord. 4610 1, 1979: Ord. 2428 1, 1975 Ord 2085 1, 1974' Ord. 1396 Art. I 3, 1972) II. LICENSING 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 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.0 11.04.035, pet licenses 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 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. 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 sixty -five 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 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 animals 4. Disabled residents that meet the eligibility requirements of the Metro regional reduced fare permit program authorized in K.0 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 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. 11 -9 79 80 11 -10 EXHIBIT A (King County 6 -2010) 11.04 030 11.04 033 ANIMAL CARE AND CONTROL 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 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 K.C.0 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 animal 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 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 K.0 C. 11.04.270. 11. Cat or dog owners are subject to a penalty according 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 applications, 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.0 C. chapter 4.100. 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 county in collecting checks of this nature shall be considered a cost of abatement and are personal obligations of the animal owner under 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. (Ord. 16861 14, 2010 Ord. 16309 2, 2008: Ord. 15801 6, 2007: Ord 11404 2, 1994. Ord. 10809 2, 1993. Ord 10423 4, 1992: Ord. 10168 1, 1991. Ord. 7986 1, 1987: Ord. 7416 1, 1985: Ord 6702 1, 1984: Ord. 6370 4, 1983: Ord 5805 1, 1981: Ord. 4552 1, 1979 Ord. 3980 1, 1978: Ord 3187 1, 1977: Ord. 2869, 1976: Ord 2158 1, 1974: Ord. 1691 1, 1973. Ord 1396 Art. II 1, 1972). 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.0 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 not excuse any requirement to obtain a private animal placement permit. (Ord. 16861 15, 2010 Ord. 15801 7, 2007. Ord 10423 3, 1992) (King County 6 -2010) ANIMAL CARE AND CONTROL REGULATIONS 11 04.035 11.04.035 License fees and penalties. A. 1. a. b. 2. 3. 4 5. 6. 7 a. b. 8. 9. 10. a. b. c. d The following animal license and registration fees apply Pet license dog or cat Unaltered Altered Juvenile pet license dog or cat Discounted pet license dog or cat Replacement tag Transfer fee Guard dog registration Exotic pet New Renewal Service animal K -9 police dog The following late fees shall apply to license renewal applications. received 45 to 90 days following license expiration received 90 to 135 days following license expiration received more than 135 days following license expiration received more than 365 days following license expiration B. The following business and activity permit fees apply 1. Hobby kennel and hobby cattery license 2. Private animal placement permit C. The following civil penalties shall be assessed 1 Civil penalties General a. No previous similar code violation within one year b. One previous similar code violation within one year c. Two or more similar code violations within one year 2. Civil penalties. Vicious animal or animal cruelty violations a. First violation within one year b. Subsequent violations within one year 3. Civil penalties: Dog leash law violations a. First violation within one year b. Additional violations within one year 4 Civil penalties Animal abandonment 5. Civil penalties* Unlicensed cat or dog a. Altered cat or dog b Unaltered cat or dog D. The following service fees apply 1. Adoptions per animal, including licensing and spaying or neutering of the animal 2. Spay or neuter deposit per animal as required in K.0 C 11.04.210.B.1.a. EXHIBIT A $60.00 $30.00 $15.00 $15 00 $5 00 $3.00 $100.00 $500 00 $250 00 no charge no charge $15.00 $20 00 $30 00 $30.00 plus license fee(s) for any year(s) that the pet was unlicensed $50.00 no charge $50 00 $100.00 Double the rate of the previous penalty, up to a maximum of $1000.00 $500 00 $1000 00 $25 00 $50 00 $500 00 $125 00 $250 00 $75 00 $250.00 based upon adoptability $150 00 81 82 (King County 6 -2010) 11.04.035 11.04 050 ANIMAL CARE AND CONTROL 3. Impound or redemption dogs, cats or other small animals a. First impound within one year Second impound within one year Third impound within one year 4 Impound or redemption Livestock, small 5. Impound or redemption Livestock, large 6 Kenneling at King County animal shelter per 24 hours or portion thereof 7. In -field pick up of an owners deceased unlicensed pet or pick up of an unlicensed pet released voluntarily to the regional animal services section 8. Owner- requested euthanasia (unlicensed pets) 9. Optional microchipping for adopted pets (Ord. 16861 16, 2010: Ord 16309 3, 2008: Ord. 15801 8, 2007: Ord 2, 2002: Ord. 14498 9, 2002: Ord 13335 2, 1998: Ord 12921 1, Ord. 11404 3, 1994 Ord. 10809 6, 1993. Ord 10423 5, 1992' Ord. 1, 1986: Ord. 7416 2, 1985). 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.0 C. Title 21A, the facilities may board animals as authorized by their Seattle -King County department of public health license. (Ord. 16861 17, 2010: Ord. 15801 9, 2007: Ord. 14498 10, 2002: Ord. 10423 13, 1992. Ord. 2428 2, 1975: Ord. 1396 Art. II 3, 1972). 11 -12 EXHIBIT A $45 00 $85.00 $125.00 $45.00 $45.00 or actual cost of sheltering, whichever is greater $20 00 $50.00 $50 00 $25 00 14790 2, 2003: Ord 14521 1997: Ord. 12542 1, 1996' 10168 2, 1991' Ord. 7861 EXHIBIT A (King County 6 -2010) ANIMAL CARE AND CONTROL REGULATIONS 11.04.060 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 KC 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.0 11 04.030.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. 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 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 six -foot fence set back at least twenty 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 twenty 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 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 may require setback, additional setback, fencing, screening or soundproofing as the manager 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, 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 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 11 -13 (King County 6 -2010) 83 84 EXHIBIT A 11.04 060 11 04 080 ANIMAL CARE AND CONTROL 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 K.C.C. 11.04 060C 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.0 C. 11.04.060 C.1.through 5 E.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, 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 K.0 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.0 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. (16861 18, 2010 Ord 15801 10, 2007 Ord. 11792 5, 1995: Ord. 10423 11, 1992. Ord 10168 4, 1991: Ord. 6370 5, 1983: Ord. 4610 3, 1979: Ord. 4269 1, 1979: Ord. 2428 3, 1975 Ord 1396 Art. II 4, 1972). 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 (Ord. 16861 19, 2010: Ord. 15801 11, 2007. Ord. 10423 7, 1992: Ord. 2428 4, 1975 Ord. 1396 Art. II 5, 1972). 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.0 C. 11.04.070, 11 04 090, 11.04.100 or 11 04 110 (Ord. 16861 20, 2010 Ord. 15801 12, 2007: Ord 10423 14, 1992: Ord. 2428 5, 1975. Ord. 1396 Art. II 6, 1972). 11 -14 bird EXHIBIT A (King County 6 -2010) ANIMAL CARE AND CONTROL REGULATIONS 11 04 090 11.04 100 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 infestation 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 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. 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 display and sale. Sick animals shall be kept in isolation quarters with adequate ventilation to keep from contaminating well animals. G 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 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 J. No person, persons, association, firm or corporation shall misrepresent an animal or bird to a consumer in any way. (Ord. 10423 15, 1992: Ord 2428 6, 1975: Ord. 1396 Art. II 7, 1972) 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 animals from temperatures to which they are not normally acclimatized, 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 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, C. 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; 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 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; 11 -15 (King County 6 -2010) 85 86 EXHIBIT A 11 04 100 11 04 140 ANIMAL CARE AND CONTROL 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. (Ord 10423 16, 1992: Ord. 2428 7, 1975' Ord. 1396 Art. I I 8, 1972). 11.04.110 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: A. 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; 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. (Ord. 10423 17, 1992: Ord. 2428 8, 1975: Ord 1396 Art. II 9, 1972). 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 province 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 handwashing facilities with hot and cold running water must be conveniently available for personnel employed, J. 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; 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. (Ord 2428 9, 1975: Ord. 1396 Art. II 11, 1972). 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. (Ord. 16861 21, 2010: Ord. 15801 13, 2007 Ord. 3232 10, 1977. Ord. 1396 Art. II 12, 1972). 11 -16 EXHIBIT A (King County 6 -2010) ANIMAL CARE AND CONTROL REGULATIONS 11 04 150 11 04 165 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 (Ord. 16861 22, 2010: Ord. 15801 14, 2007: Ord. 3232 11, 1977: Ord. 2428 10, 1975 Ord. 1396 Art. II 13, 1972) 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 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. (Ord. 16861 23, 2010 Ord 15801 15, 2007. Ord. 3232 12, 1977 Ord 1396 Art. II 14, 1972). *Reviser's note: Language added but not underlined in Ordinance 16861. See K.C.C. 1.24.075. 11.04.165 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 K.0 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.0 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 owners in accordance with K.0 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 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 K.C.C. Title 21A. 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. 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. 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. D. The 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, the regional animal services may periodically inspect the facilities 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 subsections 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 requirements. (Ord. 16861 24, 2010' Ord. 15801 16, 2007 Ord 11792 6, 1995: Ord. 10809 3, 1993) 11 -17 87 88 (King County 6 -2010) 11 04 167 11.04 170 ANIMAL CARE AND CONTROL 11.04167 Organizational private animal placement permit required qualifications Iimitations 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 K.0 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 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 K.C.0 11 04 165 (Ord. 16861 25, 2010: Ord. 15801 17, 2007 Ord 11792 7, 1995' Ord. 10809 4, 1993). III. ENFORCEMENT, PENALTIES AND PROCEDURES 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, welfare 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 observing any animal in violation of this chapter, may enter upon any 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 (Ord. 16861 26, 2010: Ord 15801 18, 2007 Ord 14498 11, 2002: Ord. 11792 8, 1995: Ord. 3980 3, 1978 Ord. 2771 2, 1976 Ord. 2428 11, 1975. Ord 1396 Art. III 1, 1972) 11 -18 EXHIBIT A EXHIBIT A (King County 6 -2010) ANIMAL CARE AND CONTROL REGULATIONS 11.04 180 11 04.210 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 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 (Ord. 16861 27, 2010: Ord. 15801 19, 2007. Ord. 1396 Art. III 2, 1972) 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. (Ord. 1396 Art. III 3, 1972). 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 exceed 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 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. (Ord 15801 20, 2007 Ord. 10168 6, 1991: Ord. 7923 2, 1987 Ord. 6370 6, 1983: Ord. 4610 5, 1979 Ord 3548 6, 1978 Ord. 1396 Art. III 4, 1972). 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 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. 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 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 regular 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 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 K.C.0 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 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 11 -19 (King County 6 -2010) 89 90 11 04.210 11 04.225 ANIMAL CARE AND CONTROL 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. 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 release 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 the county. In order for the deposit to be refunded to the owner 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 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. 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. (Ord. 16861 28, 2010: Ord. 15801 21, 2007 Ord 11920 1, 1995: Ord 10423 23, 1992. Ord. 10168 7, 1991' Ord. 7986 2, 1987 Ord. 7871, 1986: Ord. 6370 7, 1983* Ord. 6243 1, 1982. Ord 6049, 1982: Ord. 5805 3, 1981: Ord 2428 12, 1975: Ord. 1396 Art. III 5, 1972) 11.04.220 Additional enforcement. Notwithstanding the existence or use of any other remedy, 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 (Ord. 16861 29, 2010: Ord. 15801 22, 2007: Ord. 1396 Art. III 6, 1972). 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 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 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 officer 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. (Ord. 15801 66, 2007). 11 -20 EXHIBIT A EXHIBIT A (King County 6 -2010) ANIMAL CARE AND CONTROL REGULATIONS 11 04.230 11 04.235 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 control 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 animal 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 public 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 provisions 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 disturb 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. (14498 12, 2002: Ord. 7923 3, 1987 Ord 6370 8, 1983 Ord. 1396 Art. III 7, 1972) 11.04.235 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. (Ord. 10423 8, 1992). 11 -21 91 92 (King County 6 -2010) 11 04.240 11.04.260 ANIMAL CARE AND CONTROL 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. (Ord 4552 2, 3, 1979). 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 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; 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 database 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. (Ord. 16861 30, 2010 Ord 15801 24, 2007 Ord. 14498 13, 2002 Ord 1396 Art. III 8, 1972). 11.04.260 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; 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, which 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 fourteen 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; 11 -22 EXHIBIT A EXHIBIT A (King County 6 -2010) ANIMAL CARE AND CONTROL REGULATIONS 11 04.260 11.04.270 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 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 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. 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. (Ord. 16861 31, 2010' Ord. 15801 25, 2007: Ord. 6370 9, 1983: Ord 1396 Art. III 9, 1972) 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 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 K.C.0 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 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. 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 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. 11 -23 93 94 EXHIBIT A (King County 6 -2010) 11.04.270 11.04.290 ANIMAL CARE AND CONTROL 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. (Ord. 16861 32, 2010: Ord. 15801 26, 2007. 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 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 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 fifteen years old, and e. Removal of the animal from the county within forty -eight hours from receipt of such a notice. 11 -24 EXHIBIT A (King County 6 -2010) ANIMAL CARE AND CONTROL REGULATIONS 11 04.290 11 04 335 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 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 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. (Ord 16861 33, 2010 Ord. 15801 27, 2007: 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). 11.04.330 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 K.0 C chapter 2.98 (Ord. 16861 34, 2010: Ord. 6370 12, 1983) 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 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 (Ord. 16861 35, 2010 Ord 15801 29, 2007 Ord. 10809 7, 1993 Ord 7986 3, 1987). 11 -25 95 96 EXHIBIT A (King County 6 -2010) 11.04 345 11.04 410 ANIMAL CARE AND CONTROL 11.04.345 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 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.0 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 allegation(s) are valid, and the permit shall be revoked. (Ord 10809 5, 1993). IV. MANDATORY SPAY AND NEUTER PROGRAM 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.0 C 11.04.030. 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 King County shall be spayed or neutered before transfer to the owner (Ord 10423 2, 1992). 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. (Ord 16861 36, 2010 Ord. 15801 30, 2007: Ord. 10423 24, 1992). 11 -26 EXHIBIT A (King County 6 -2010) ANIMAL CARE AND CONTROL REGULATIONS 11 04.500 11.04 550 V. OTHER PROVISIONS 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. (Ord. 16861 37, 2010 Ord. 15801 31, 2007 Ord. 10423 6, 1992) 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. (Ord 10423 9, 1992). 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. (Ord. 10423 19, 1992) 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 (Ord 10423 20, 1992) 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. (Ord. 15801 32, 2007: Ord 10423 21, 1992) 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. (Ord. 16861 38, 2010 Ord 15801 33, 2007 Ord 10423 22, 1992) 11 -27 97 98 (King County 6 -2010) 11.04 560 11.04.580 ANIMAL CARE AND CONTROL 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 (Ord. 15801 34, 2007' Ord. 10423 25, 1992). 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 animals. The proposed breeder certification program shall be submitted to the county council for approval. (Ord. 16861 39, 2010' Ord. 15801 35, 2007: Ord. 10423 26, 1992). 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. (Ord. 15801 36, 2007: Ord. 10423 27, 1992). 11 -28 EXHIBIT A EXHIBIT A (King County 6 -2010) DOG LEASH LAW 11.08 Sections: 11.08.010 11 08.020 11.08.030 11.08 035 11.08.040 11 08 050 11.08 060 11.08.075 11 08.080 11.08.090 11.08.100 11 08 110 11 08.120 11 08 130 11 08 140 11.08.150 11.08.160 11 08 170 11 08 180 11.08.190 11.08.200 11 08.210 11 08.220 11.08.230 11.08.240 11.08.250 11 08.260 11.08.270 11 08.280 11 08.290 11.08.300 11.08 310 Chapter 11.08 DOG LEASH LAW Purpose. Definitions. Dogs at large prohibited in dog control zones Methods to establish dog control zones. Petitions to create dog control zones. Violations misdemeanor penalty Violations civil penalty. Dog control zone urban areas of King County Dog control zone Fairwood community. Dog control zone Federal Way community Dog control zone Riverbend community Dog control zone Eastgate community Dog control zone Maplewood Heights community Dog control zone Boulevard Lane community. Dog control zone North Rose Hill. Dog control zone Fairwood West community. Dog control zone Wilderness Rim Community. Dog control zone Cherokee Bay Community Dog control zone 101 Pines. Dog control zone Crest Air Park. Dog control zone Mar Cheri. Dog control zone Timberlane. Dog control Zone Lea Hill Village. Dog control zone Redondo. Dog control zone Greenwood Point. Dog control zone Cottage Glen Dog control zone Eden View Dog control zone Kingsgate Highlands Dog control zone Forest Estates. Dog control zone Sammamish Beach Club. Dog control zone Cedar Downs and an adjoining area. Dog control zone Plat of Lake Margaret. 11 -29 99 100 BLANK 11 -30 EXHIBIT A (King County 6 -2010) 11 -31 EXHIBIT A DOG LEASH LAW 11.08 010 11.08 035 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 (Ord 15801 41, 2007: Ord. 3548 1, 1978) 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 accompanied 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 restraint if it is maintained and remains within the property limits of its owner or keeper (Ord 3732 3, 1978: Ord 3548 2, 1978). 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. (Ord. 11150 3, 1993 Ord. 3548 3, 1978). 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.0 C. 11 08 040 (Ord 10574 1, 1992) 101 102 Editor's Note: 8 of Ord. 3548, originally appearing in K.C.0 11.08.040, has been relocated in K.C.C. 11.08.090. 11 -32 EXHIBIT A (King County 6 -2010) 11 08 040 11 08 060 ANIMAL CONTROL 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 proposed zone; and 2. The popular addresses of the petitioners. C Upon receipt of the copy of the filed petition, the regional animal services shall conduct a comprehensive review of the enforceability of the proposed boundaries and if necessary recommend alternative boundaries to the director of the department of executive services and the affected councilmember. 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 proposed dog control zone to the council based on the recommendation of the director of the department of executive services. 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 affected 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. (Ord. 16861 40, 2010' Ord. 15971 61, 2007: Ord. 15801 42, 2007: Ord. 14498 16, 2002: Ord. 3732 1, 1978) 11.08.050 Violations misdemeanor penalty. Any owner of an animal in violation of this chapter is guilty of a 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. (Ord. 15801 43, 2007 Ord 3810 2, 1978 Ord. 3548 4, 1978). 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 violation of this chapter shall incur a civil penalty plus billable costs of the regional animal services section. The penalty for a violation shall be as provided in K.C.0 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. (Ord. 16861 41, 2010: 15801 44, 2007: Ord. 10168 9, 1991. Ord 3810 3, 1978: Ord 3548 5, 1978). 11 -33 EXHIBIT A (King County 6 -2010) DOG LEASH LAW 11 08 075 11.08 090 11.08.075 Dog control zone urban areas of King County. Dog control zone established. In addition to the dog control zones already in effect under the provisions of this chapter, there is created a dog control zone in the following urban zoning districts of unincorporated King County R -1 through R-48, 0, NB, RB, CB and I (Ord. 16861 42, 2010: Ord. 11150 1 -2, 1993). 11.08.080 Dog control zone Fairwood community. Under the provisions of this chapter, there is created a dog control zone in the following described area: The description for the Fairwood Community includes the area bounded on the north by 140th Place SE and the north margin of the transmission line; on the east by the extension of 164th Avenue SE which is also the east boundary of the proposed plats of Fairwood Park Division 15 and 16, on the south by the extension of the centerline of SE 176th Street and the centerline of the Cedar River pipeline and bounded on the west by 140th Avenue SE. The legal description is as follows. LEGAL DESCRIPTION: All of Section 26, Township 23 North, Range 5 East, W M. lying southerly of the north margin of the Bonneville transmission line and all of the E 1/2 of Section 27, said Township and Range lying northerly of the centerline of the Cedar River pipeline right -of -way and southerly of the centerline of 140th Place SE and the north margin of the Bonneville transmission line (Ord. 3548 8(part) (1), 1978). 11.08.090 Dog control zone Federal Way community. Under the provisions of this chapter there is created a dog control zone in the following described areas: A. All of King County, Washington, lying southeasterly of Puget Sound and lying westerly of the following described line: Beginning at the westernmost corner of Lakota Division No 2 (Volume 22/12) in Section 1, Township 21 North, Range 3 East, W M.; thence southeasterly along the southwesterly line of said plat to the south line of said Section 1; thence easterly along south line to the centerline of Dumas Avenue, thence southerly along said centerline to the centerline of State Route 509; thence southeasterly and easterly along said centerline of State Route 509 to the centerline of 21st Avenue SW, thence southerly along said centerline to the centerline of SW 356th Street; thence west along said centerline to the King County /Pierce County line and the terminus of this described line. B. Beginning at the shoreline of Puget Sound and the northwesterly extension of the centerline of Redondo Way S.; thence southeasterly along said extension and the centerline of Redondo Way S to the centerline of State Route 509, also known as Dash Point Road, thence southwesterly and westerly along said centerline to the centerline of 1st Avenue S thence southerly along said centerline of 1st Avenue S to the centerline of SW 308th St.; thence westerly along said centerline of SW 308th St. to the centerline of State Route 509; thence southwesterly along said centerline to the west line of Section 7, Township 21 North, Range 4 East, W.M said line being also the extended centerline of 16th Avenue SW, thence northerly along said west line of Section 7 to the shoreline of Puget Sound; thence northeasterly along said shoreline to the point of beginning The dog control zone, the boundaries of which are specified in subsection (2) of this section, shall expire April 30, 1979, unless reenacted by ordinance. (Ord. 3927 1 -2, 1978. Ord. 3548 8 (part) (2), 1978) 103 104 EXHIBIT A (King County 6 -2010) 11 08.100 11 08 150 ANIMAL CARE AND CONTROL 11.08.100 Dog control zone Riverbend community. Under the provisions of this chapter, there is created a dog control zone in the following described area near North Bend: All the area within the following recorded plats. Riverbend Homesites Division No. 1 (Volume 70, pages 80, 81 and 82); Riverbend Homesites Division No. 2 (Volume 73, pages 40, 41 and 42); Riverbend Homesites Division No 3 (Volume 76, pages 31, 32 and 33) and Riverbend Homesites Division No. 4 (Volume 76, page 34) all recorded in Records of Plats, King County, Washington; also that portion of the railroad right -of -way lying within Riverbend Homesites Division No. 3. (Ord. 3810 1, 1978). 11.08.110 Dog control zone Eastgate community. Under the provisions of this chapter, there is created a dog control zone in the following described area near Eastgate: All of the unincorporated area of King County lying within the following subdivision in Township 24 North, Range 5 East, W.M.; the South half of the South half of Section 10; the South half of the Southwest quarter of Section 11, the North half of the Northwest quarter of Section 14; the Southwest quarter of the Northwest quarter of Section 14, the Northwest quarter of the Southwest quarter of Section 14; the Northeast quarter of Section 15, the Northeast quarter of the Northwest quarter of Section 15. (Ord 3811 1, 1978) 11.08.120 Dog control zone Maplewood Heights community. Under the provisions of this chapter there is created a dog control zone in the following described area: Maplewood Heights as recorded in Vol. 78 of Plats, pages 1, 2, 3, and 4, together with Eastwood Park, Division 2 as recorded in Vol. 88 of Plats, pages 63, 64, and 65, all in Records of King County. (Ord. 4149 1, 1979). 11.08.130 Dog control zone Boulevard Lane community. Under the provisions of this chapter, there is created a dog control zone in the following described area, which includes numerous divisions of Boulevard Lane Boulevard Lane Div. 1 (Vol. 80, pages 89 90); Boulevard Lane Div. 2 (Vol. 82, pages 20 21); Boulevard Lane Div 3 (Vol. 84, pages 31, 32 33); Boulevard Lane Div. 4 5 (Vol. 89, pages 29 30), Boulevard Lane Div 6 (Vol. 96, pages 55 56); Boulevard Lane Div 7 (Vol. 102, pages 10 11); all recorded in Volumes of Plats, Records of King County, Washington. (Ord. 4150 1, 1979). 11.08.140 Dog control zone North Rose Hill. Under the provisions of this chapter, there is created a dog control zone in the following described area popularly known as North Rose Hill. That portion of Section 28 and 33, Township 26 N Range 5 E., W M. and Section 4, Township 25 N Range 5 E., W.M all lying east of the city of Kirkland and Tying westerly and northerly of the following described line. Beginning at the intersection of the centerline of N E. 124th Street and the centerline of the S.E. 1/4 of said Section 28, thence easterly along said centerline of N.E. 124th Street to its intersection with the centerline of 132nd Place N E. also known as Slater Ave. N E.; thence southwesterly along said centerline of Slater Ave N.E. to its intersection with the centerline of N E. 120th, thence easterly along said centerline of N.E. 120th St. and continuing southeasterly and southerly along the centerline of 132nd Ave N E. to its intersection with the centerline of N E. 85th St., thence westerly along said centerline of N E. 85th St. to the city limits of Kirkland and the terminus of this described line. (Ord. 4370 1, 1979). 11.08.150 Dog control zone Fairwood West community. Under the provisions of this chapter, there is created a dog control zone in the following described area: Fairwood Park, Div. 4 (Vol. 83, pages 42, 43 and 44); Fairwood Park Div. 9 (Vol. 88, pages 30 and 31); Fairwood Park Div. 10 (Vol. 85, pages 38 and 39); Fairwood Park Div. 14 (Vol. 88, pages 81 and 82), All recorded in Volumes of Plats, Records of King County, Washington, also that portion of the Cedar River Pipeline lying within the NE1 /4 of the NE1 /4 of Section 28, Township 23 N., Range 5 E., W M., LESS the North 1/4 thereof; also that portion of the 20 foot drainage right -of -way lying between Fairwood Park Div 9 and Fairwood Park Div. 10 and lying North of the Southerly line of said Fairwood Park Div. 10 (Ord. 4371 1, 1979) 11 -34 11.08.190 Dog control zone Crest Air Park. Under the provisions of this chapter, there is created a dog control zone in the following described area: Beginning at the Northwest corner of Section 6, Township 21 N. Range 6E., W M Said corner being the point of intersection of the centerlines of SE Covington Sawyer Rd and Thomas Rd. SE; thence Southerly along the centerline of Thomas Rd. SE to its intersection with the Northerly Boundary of the Bonneville Transmission Line Easement, Vantage- Covington No 1 Line in Government Lot 1, Section 7, Township 21 N Range 6E., W.M.; thence Westerly along said Northerly Boundary Line to its intersection with the Easterly Boundary of the Bonneville Transmission Line Easement, Chehalis- Covington Line, thence Northerly along said Easterly Boundary Line to its intersection with the Southerly Boundary of the Bonneville Transmission Line Easement, Tacoma -Grand Coulee No. 1 Line, thence Easterly and Northeasterly along said Southerly Boundary Line to its intersection with the Southerly Boundary of the Bonneville Transmission Line Easement, Covington -Grand Coulee No 2 Line; thence Easterly along said Southerly Line to its intersection with the centerline of SE Covington Sawyer Rd thence Southeasterly along said centerline to the point of beginning. (Ord. 5059 1, 1980). 11.08.200 Dog control zone Mar Cheri. Under the provisions of this chapter, there is created a dog control zone in the following described area: All of Mar Cheri Div. No 1 as recorded in Vol. 77 of Plats, pages 86 and 87; ALSO all of Mar Cheri Div. No. 2 as recorded in Vol. 78 of Plats, page 18; ALSO all of Mar Cheri Div No. 3 as recorded in Vol. 77 of Plats, pages 83 and 84, all recorded in Records of King County, Washington The area can be identified as all property along 2nd Avenue SW, including 2nd Place SW lying south of SW 296th Street and, north of SW Dash Point Road; and SW 298th Place west of 2nd Avenue SW to the midway point between 2nd Avenue SW and 2nd Place SW; and the 100 block of SW 299th Place (Ord 5186 1, 1980). (King County 6 -2010) DOG LEASH LAW 11 08 160 11 08.200 EXHIBIT A 11.08.160 Dog control zone Wilderness Rim community. Under the provisions of this chapter, there is created a dog control zone in the following described area. Wilderness Rim Division No. 1 (Vol. 82, pages 48, 49 and 50), Wilderness Rim Division No 2 (Vol 84, pages 95, 96, 97 and 98); Wilderness Rim Division No. 3 (Vol. 90, pages 60, 61 and 62), all recorded in volumes of Plats, Records of King County, Washington (Ord 4909 1, 1980 Ord. 4385 1, 1979). 11.08.170 Dog control zone Cherokee Bay Community. Under the provisions of this chapter, there is created a dog control zone in the following described area: All of the Assessor's Plat of Cherokee Bay Park as recorded in Volume 89 of Plats, pages 11 through 17, records of King County, Washington. The area includes all the streets (and avenues) located within the above described plat between SE 265th Street and SE 271st Place between 214th Avenue SE and 223rd Avenue SE and between SE 260th Place and SE 265th Way between 220th Place SE and SE 222nd Place SE. (Ord 4991 1, 1980) 11.08.180 Dog control zone 101 Pines. Under the provisions of this chapter, there is created a dog control zone in the following described area. All of the plat of Pine Lake South as recorded in Volume 85 of Plats, pages 55 and 56, records of King County, Washington The area can be identified as all the streets and avenues between SE 321st Street and SE 324th Street, between 224th Avenue SE and 227th Place SE. (Ord. 5058 1, 1980) 11 -35 105 106 EXHIBIT A (King County 6 -2010) 11 08.210 11.08.250 ANIMAL CARE AND CONTROL 11.08.210 Dog control zone Timberlane. Under the provisions of this chapter, there is created a dog control zone in the following described area: All of Covington Park Div 1 as recorded in Vol 111 of Plats, pages 6 through 9; ALSO all of Covington Park Div. 2 as recorded in Vol. 112 of Plats, pages 90 through 92; ALSO all of Covington Park Div. 3 as recorded in Vol. 114 of Plats, pages 95 through 97; ALSO all of Timberlane Estates Div. 1 as recorded in Vol. 86 of Plats, pages 90 through 93; ALSO all of Timberlane Estates Div. 2 as recorded in vol. 88 of Plats, pages 41 through 43; ALSO all of Timberlane Estates Div. 4 as recorded in Vol. 89 of Plats, pages 3 and 4, ALSO all of Timberlane Estates Div. 5 as recorded in Vol. 92 of Plats, pages 3 through 6, all recorded in Records of King County, Washington (Ord. 5186 2, 1980). 11.08.220 Dog Control zone Lea Hill Village. Under the provisions of this chapter, there is created a dog control zone in the following described area. All the area included within the following recorded plats: Lea Hill Village Division No. 1 (Vol. 87/39 40-41) Lea Hill Village Division No. 2 (Vol. 92/24 -25) Lea Hill Village Division No. 3 -A (Vol. 93/74) all recorded in volume of Plats on the pages shown, Records of King County, Washington.(Ord. 5492 1, 1981) 11.08.230 Dog control Zone Redondo. Under the provisions of this chapter, there is created a dog control zone in the following described area. Beginning at the northeast corner of G L. 2, Sec. 32, Twp. 22 N Rg. 4 E., W M., thence southerly along the east line of said G L. 2 and continuing southerly along the east line of G.L. 3 and the east line of the southwest quarter of the southeast quarter of said Sec. 32 to the south line of said section; thence west along said south line to the west line of Tract A of Marine Hills East, as recorded in Volume 97 of Plats, pages 76 and 77; thence northerly along the westerly line of Tract A to the northwest corner thereof; thence continuing northerly and westerly along the westerly and southerly boundary of Redondo Heights Condominium, as recorded in Volume 26 of Condominiums, pages 6 through 14, to the east right of way margin of 7th Avenue South, said margin being also the westerly line of Marine Hills No. 17, as recorded in Volume 98 of Plats, pages 50, 51 and 52; thence southerly along said westerly line to the northwesterly corner of Lot 24; thence continuing westerly along the north line of Marine Hills West as recorded in Volume 98 of Plats, pages 53, 54 and 55, to the northwest corner thereof; thence southerly along the west boundary of Marine Hills West to its intersection with the east line of G. L. 4, Sec. 5, Twp. 21 N Rg 4 E., W.M thence southerly along said east line of G.L. 4 to the southeast corner of said G L. 4; thence westerly along the south line of said G.L. 4 to the west line of said Sec. 5, thence northerly along said west line to the tidelands of Puget Sound, thence northeasterly along said tidelands to the north line of G.L. 2, said Sec. 32; thence easterly along the north line of said G L. 2 to the point of beginning. All Plats and Condominiums are as recorded in records of King County, Washington. (Ord. 5493 1, 1981). 11.08.240 Dog control Zone Greenwood Point (portion of LAKE PARK precinct). Under the provisions of this chapter, there is created a dog control zone in the following described area: All the plat of Greenwood Point as recorded in Volume 101 of Plats, pages 99, 100 and 101, records of King County, Washington (Ord. 5673 1, 1981). 11.08.250 Dog Control Zone Cottage Glen. Under the provisions of this chapter, there is created a dog control zone in the following described area: All of the Plat of Cottage Glen Addition Number 2 as recorded in Volume 86 of Plats, Pages 51 and 52, records of King County, Washington TOGETHER WITH ALL of the Plat of Cottage Glen Addition Number 3 as recorded in Volume 89 of Plats, Pages 55 and 56, records of King County, Washington. (Ord. 6340, 1983) 11 -36 EXHIBIT A (King County 6 -2010) DOG LEASH LAW 11 08.260 11.08 310 11.08.260 Dog Control Zone Eden View. Under the provisions of this chapter, there is created a dog control zone in the following described area: All that area known as the Plat of Eden View as recorded in Volume 105, page 41, Records of King County, Washington said plat being that portion of the Southwest quarter of the Northeast quarter of Section 32, Township 25 North, Range 6 East, W M., King County, Washington, lying Northerly and Northeasterly of the Louis Thompson Road N.E., No. 1087. (Ord. 6430, 1983). 11.08.270 Dog Control Zone Kingsgate Highlands. tinder the provisions of this chapter, there is created a dog control zone in the following described area. All that portion of the W 1/2 of Section 21, Township 26 North, Range 5 East, W.M., King County, Washington described as follows: All that area described in the plat of Kingsgate Highlands Division #3 as recorded in Volume 81 of Plats, pages 17, 18 and 19, records of said county. TOGETHER WITH all that area as described in the plat of Kingsgate Highlands Division #4 as recorded in Volume 82 of Plats, pages 95 and 96, records of said King County. (Ord. 6640, 1984). 11.08.280 Dog control zone Forest Estates. Under provision of this chapter, there is created a dog control zone in the following described area. The south half of the southwest quarter of the northwest quarter of Section 34, Township 23 North, Range 5 East, W.M TOGETHER WITH the west half of the southwest quarter of said Section 34, Township 23 North, Range 5 East, W M. EXCEPT the south 30 feet thereof (Ord. 7570, 1986) 11.08.290 Dog control zone Sammamish Beach Club. Under the provision of this chapter, there is created a dog control zone in the following described area: All the plat of Sammamish Beach Club as recorded in Volume 109 of Plats, pages 20 -22, said plat being located in Sections 18 and 19, Township 24 North, Range 6 East, W.M. King County, Washington. (Ord. 7608, 1986) 11.08.300 Dog control zone Cedar Downs and an adjoining area. Under the provision of this chapter, there is created a dog control zone in the following described area: These portions of Sections 21, 28 and 29, Township 22 North, Range 6 East, W M King County, Washington described as follows: Beginning at the southwest corner of said Section 21; thence north along the west line of said section to the north line of the south half of the southwest quarter of said Section 21, thence east along said north line to the northeast line of lot 8 of Cedar Downs Division 7 as recorded in Volume 125 of plats, pages 40-41, thence southeasterly along the northeasterly boundary of said plat to the most easterly point of lot 1, thence south 87 -13 -03 east to the westerly margin of Witte Road Southeast; thence southeasterly along said margin and the westerly margin of 220th Avenue Southeast to the south boundary of Tract A of Cedar Downs Division 1 as recorded in Volume 98 of Plats, page 71 -73; thence west along the south boundary of said plat to the east line of lot 45; thence south to the southeast corner of Lot 43 of said plat; thence west along the south lines of Lots 39, 42 and 43 to the northeast corner of Lot 38 of said plat; thence south 00 -09 -30 east to the north margin of southeast 261st Street (Silvan Road); thence west along said margin to the east line of the northeast quarter of said Section 29; thence west along said north line to the east line of Lot 16 of Cedar Downs Division 3 as recorded in Volume 107 of plats, pages 80 -81; thence south 00- 05 -50E to the north shoreline of Pipe Lake; thence southwesterly along said shoreline to its intersection with the southerly extension of the west boundary of said plat of Cedar Downs Division 3, thence north along the west boundary of said plat and the west boundary of Cedar Downs Division 5 as recorded in Vol 108 of plats, pages 81 -82 to the north line of said Section 29; thence east along said north line to the southwest corner of said Section 21 and point of beginning (Ord. 9063, 1989) 11.08.310 Dog control zone Plat of Lake Margaret. Under the provisions of this chapter, there is created a dog control zone in the following described area: The plat of Lake Margaret, including the areas between northeast 202 street to the north, northeast 329th street to the south, 324th street northeast to the west and 330th street northeast to the east of the bounds of the plat. (Ord. 11719 1, 1995) 11 -37 107 108 BLANK 11 -38 EXHIBIT A (King County 6 -2010) EXHIBIT A RABIES CONTROL 11 12.010 11 12.040 Chapter 11.12 RABIES CONTROL Sections: 11.12.010 Quarantine order. 11 12.020 Notice of rabies hazard quarantine period. 11 12.030 Violation of quarantine. 11.12.040 Euthanizing of infected animals 11.12.050 Vaccination order. 1112.060 Enforcement. 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 infected 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 conditions 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.0 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. (Ord. 16861 43, 2010: Ord 15971 62, 2007 Ord. 15801 45, 2007: Ord. 14498 17, 2002: Ord. 1378 1, 1972: Ord 1361 2, 1972. Res 27312 1, 1964) 11.12.020 Notice of rabies hazard quarantine period. Whenever the director of the Seattle King County department 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 diagnosed in any canine or feline animal, the director shall cause a notice of the hazard to be published in a newspaper of general 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 unlawful 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 transmitting rabies found running at large during such a period shall be impounded and euthanized by order of the director of the Seattle -King County department of public health or the director's agent named in K.0 C 11.12.060. If apprehension and impounding by safe means is not possible, the animal may euthanized 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. (Ord 15801 46, 2007: Res. 27312 2, 1964). 11.12.030 Violation of quarantine. It is a misdemeanor and is unlawful for any owner or person charged with the custody 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 (Res. 27312 3, 1964) 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. (Ord 15801 47, 2007* Res. 27312 4, 1964) 11 -39 109 110 11-40 EXHIBIT A (King County 6 -2010) 11 12.050 11.12.060 ANIMAL CARE AND CONTROL 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 indicated in K.C.0 11.12.020 in a specified area wherein it is necessary for the protection of the public health that animals capable 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 euthanized at the option of the owner or keeper, and it is a misdemeanor 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. (Ord. 15801 48, 2007 Res. 27312 5, 1964). 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. (Ord. 2910 2 (part), 1976: Res. 27312 (part), 1964) (King County 6 -2010) DISPOSITION OF FOWL AND RABBITS 11.20.010 11.20.020 Chapter 11.20 DISPOSITION OF FOWL AND RABBITS Sections: 11.20 010 11.20.020 Age restriction for disposition or coloration Penalty for violations. EXHIBIT A 11.20.010 Age restriction for disposition or coloration. It is unlawful for any person, firm or corporation to sell, offer for 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. (Res. 30346 1, 1965). 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. (Res. 30346 1, 1965). 11-41 111 112 BLANK 11-42 EXHIBIT A (King County 6 -2010) STOCK RESTRICTED AREA 11.24.010 11.24 030 Sections: 11.24.010 Stock restricted area. 11.24 030 Penalty. Chapter 11.24 STOCK RESTRICTED AREA' 11.24.010 Stock restricted area. All of King County, except national forest federal government, is designated a stock restricted area in which it is unlawful to permit in K.C.0 21A.06.695, to run at large. (Ord. 11792 9, 1995 Ord. 5975 1, 1982) 11.24.030 Penalty. Any violation of this ordinance is a misdemeanor and the provided by the laws of the State of Washington. (Ord. 5975 3, 1982). 'For statutory provisions regarding stock restricted areas, see chapter 16.24 RCW. 11-43 EXHIBIT A lands owned by the livestock, as defined punishment shall be 113 114 BLANK 11-44 EXHIBIT A (King County 6 -2010) EXHIBIT A EXOTIC ANIMALS 11.28 Chapter 11.28 EXOTIC ANIMALS Sections: 11.28.010 Chapter intent. 11.28.020 Definitions. 11.28.030 Possession unlawful exception rules and regulations compliance 11.28.040 License issuance generally fees. 11.28.050 License application content. 11.28.060 License issuance inspection. 11.28.070 Periodic inspection of premises. 11.28.080 License revocation notice hearing 11.28.090 Violation penalty. 11.28.100 Euthanasia in exigent circumstances. 11.28.110 Chapter limitations. 11-45 115 116 BLANK 11-46 EXHIBIT A (King County 6 -2010) EXHIBIT A EXOTIC ANIMALS 11.28.010 11.28 050 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. (Ord. 2473 1, 1975). 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 regional 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 executive 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 Nondomesticated species of felines; 5. Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids; and 6. The order Crocodylia, including alligators, crocodiles, caimans and gavials (Ord 16861 44, 2010: Ord. 15971 63, 2007. Ord 15801 49, 2007: Ord 14498 18, 2002. Ord 11340 1, 1994 Ord 2473 2, 1975). 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.0 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.0 chapter 2.98 regarding the maintenance of the animals. (Ord. 15801 50, 2007 Ord. 11340 2, 1994 Ord. 2473 3, 1975). 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.0 C. 11.28 030 if the application is accompanied by payment of the license fee, contains the information required by K.C.0 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.0 C. 11.04.035 All licenses shall expire one year from the original application. (Ord. 15801 51, 2007. Ord. 11161 1, 1993 Ord. 10671 1, 1992. Ord 10168 10, 1991: Ord. 2473 4, 1975). 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 required license; B. Whether the applicant owns or rents the premises to be used; C 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; 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 similar confinement; and H. Such further information as may be required by rules and regulations of the animal care and control authority. (Ord 15801 52, 2007: Ord. 2473 5, 1975) 11-47 117 118 EXHIBIT A (King County 6 -2010) 11.28 060 11.28.100 ANIMAL CARE AND CONTROL 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 application; if applicable, has the written permission of the property owner as specified in K.C.0 11.28.050 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 (Ord. 16861 45, 2010: Ord. 15801 53, 2007: Ord. 2473 6, 1975). 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 (Ord. 16861 46, 2010 Ord. 15801 54, 2007: Ord 2473 7, 1975). 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. (Ord. 15801 55, 2007: Ord. 2473 8, 1975). 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. (Ord. 2473 9, 1975). 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 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. (Ord. 15801 56, 2007 Ord. 2473 10, 1975). 11--48 EXHIBIT A (King County 6 -2010) EXOTIC ANIMALS 11.28 110 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 facilities maintained by scientific or educational institutions, nor to private or commercial activities such as circuses, fairs, or private zoological parks which 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 section A. (Ord. 11340 3, 1994 Ord. 2473 11, 1975). 11-49 119 120 BLANK 11 -50 EXHIBIT A (King County 6 -2010) GUARD DOGS 11.32 Chapter 11.32 GUARD DOGS Sections: 11.32.010 Intent. 11.32.020 Definitions. 11.32.030 Guard dog purveyor license fees. 11.32.040 Guard dog purveyor license application. 11.32.050 Guard dog trainer license required fee. 11.32.060 Guard dog trainer license application 11.32.070 Guard dog registration. 11 32.080 Guard dog registration application. 11 32.090 Inspections. 11.32.100 Enforcement authorization. 11.32.110 Limitations. 11 -51 EXHIBIT A 1 21 122 BLANK 11 -52 EXHIBIT A (King County 6 -2010) 11 -53 EXHIBIT A GUARD DOGS 11.32.010 11 32.040 11.32.010 Intent. It is the intent of the King County 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 council finds such regulation is necessary to preserve the public peace and safety and to insure the humane treatment of said animals. (Ord 3232 1, 1977) 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 regional animal services in the 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 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. 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 K.C.C. chapter 2.98 (Ord 16861 47, 2010: Ord. 15971 64, 2007. Ord. 15801 57, 2007 Ord 14498 19, 2002: Ord. 3232 2, 1977). 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 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. (Ord 15801 58, 2007 Ord. 3232 3, 1977) 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 owner's permission to purvey guard dogs on the premises for the duration of the license; and C. 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 performing guard dog functions. (Ord. 15801 59, 2007. Ord. 3232 4, 1977) 123 124 (King County 6 -2010) 11 32.050 11.32.080 ANIMAL CARE AND CONTROL 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. (Ord. 15801 60, 2007: Ord 3232 5, 1977). 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 premises 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 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 C 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. (Ord. 15801 61, 2007 Ord. 3232 6, 1977). 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. (Ord. 15801 62, 2007 Ord 10168 11, 1991: Ord. 3232 7, 1977). 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 premises 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 premises to prevent unauthorized intrusion for the duration of the registration; C. A description of the guard dog for purposes of identification, 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 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; 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 (Ord. 15801 63, 2007' Ord. 3232 8, 1977). 11 -54 EXHIBIT A EXHIBIT A (King County 6 -2010) GUARD DOGS 11.32.090 11 32.110 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 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 (Ord. 16861 48, 2010 Ord. 15801 64, 2007: Ord. 3232 9, 1977). 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.0 C. chapter 11 04. (Ord. 16861 49, 2010: Ord 15801 65, 2007 Ord. 3232 13, 1977) 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 3232 14, 1977) 11 -55 125 126 BLANK 11 -56 EXHIBIT A (King County 6 -2007) Summary of Fee and Code Amendments for Regional Animal Services King County Code Title 11 Ordinance 16861 amended provisions of Title 11 of King County Code that are immediately necessary to implement the new regional model for animal services. A more comprehensive code update, including alignment between K.C.C. titles 2 and 11, will be undertaken at a later date. A summary of the major code changes are as follows: 1. Creates the "Animal Beauest Fund" as a first tier fund managed by the Director of King County's Department of Executive Services (DES). Requires fiends be used in accordance with donor restrictions and only for the purposes of animal services and transfers existing donations to the Fund. While the "animal bequest fund" has been in existence for a number of years (donors are able to specify if they want their contribution to be for general purposes, spay /neuter services, medical care, or pet retention education), this code change designates it as a first tier fund, which, among other things, makes it eligible for the King County Employee Giving Program. 2. Authorizes King County's Records and Licensing Division (RALS) to accent electronic payments (e.g., credit and debit cards) for animal care, control and pet licensing related services. Prior to this code change, residents could purchase pet licenses online using a credit or debit card but all other animal services- related payments (e.g. payment of adoption fees) had to be paid by check or cash. This enables the program to accept debit and credit payments, thereby improving efficiency and customer service. 3. Authorizes the Director of DES to enter into concession agreements with vendors to sell animal related products and services, the proceeds from which will be applied solely to regional animal services. This provides formal Council approval for concession agreements with vendors to sell animal- related products and refer to arrangements in which pet products (e.g. collars, leashes, etc.) or services (e.g. traimng, grooming) might be sold at the King County shelter. The code change stipulates that the proceeds of these sales would go directly toward the provision of animal services thereby offsetting county and city costs. 4. Authorizes the County Executive. County Council. Director of DES. Director of RALS, Manager of Regional Animal Services and staff reporting directly to them to accept and solicit gifts, beauests and donations in support of regional animal services to be deposited in the Animal Bequest Fund. This clarifies where gifts go and provides formal Council approval for the King County Executive and the County Council to solicit and accept them. 5. Authorizes the Director of DES to enter into advertising, sponsorship, and naming rights agreements. One tool sometimes used by animal welfare agencies is sponsorship, advertising or naming rights agreements with private entities. For example, a pet store night want to offer a rebate on pet food as part of a license sale, or a private animal hospital might want to sponsor a medical wing. This code change enables Regional Animal Services of King County to enter into such agreements 127 128 6. Requires that in transferring ownership of an animal veterinarians and animal shelters either (a) sell the new owner a license, or (b) make license application materials available to the new owner. Also reauires all veterinarians. animal shelters. kennels. catteries, net shops. etc. to provide on a monthly basis the names and addresses of new owners to whom dogs and cats, are sold or transferred and. if available. their telephone numbers and email addresses Currently veterinarians and not for profit animal shelters are exempt from the code provision that requires that any animal transferred possess a valid license. This code change place a new requirement on those organizations to either sell a license to new pet owners or provide their contact information to King County so we can contact them about purchasing a pet license. It provides flexibility such that these organizations are not unduly burdened, but will ultimately bring more pet owners into compliance with pet licensing regulations. 7. Reorganizes the fees and fines section into the following categories and makes various adjustments to fees (see attached fee table): a) Licenses and registration fees b) Business and activity permits c) Civil penalties d) Service fees This simplifies and streamlines fees and fines. 8. Creates a new "discounted license." available to seniors and disabled individuals (in accordance with the requirements of the Metro Regional Reduced Fare Permit program). Exempts seniors who have already purchased the now eliminated "lifetime license." Previously, "senior lifetime licenses" were provided to senior pet owners for a one -time fee and were good for the life of the pet. This change simplifies the license fee structure by creating dust one "discounted license," available to both seniors and individuals with disabilities for half the altered pet license fee (to be renewed yearly like a standard license). Seniors who are already in the system with "lifetime licenses" will be grandfathered in and will not be required to purchase the yearly "discounted license." These changes reflect standard practices in other jurisdictions, will ultimately increase licensing revenue and save money through efficiencies. 9. Enables purchase of a iuvenile license for unaltered pets up to six months of age in lieu of an adult unaltered license. Prior to this, juvenile licenses were available for unaltered pets for $5 for the entire year. This change provides consistency by allowing pet under six months (the age by which they should be altered) to obtain a license for that six month period for half the standard fee ($15). 10. Removes the provision that allows net owners to avoid penalties if they immediately purchase a license when caught with an unlicensed animal, a significant disincentive to pet licensing. In accordance with the new regional model's focus on licensing compliance, this change strengthens licensing enforcement. Owners with unlicensed pets can be ticketed onsite generating a significant incentive for pet owners to license. 11. Authorizes the regional animal services manager to provide periods of amnesty for paying of outstanding licensing fees and late penalties. (An amnesty period is being offered from July 1 until October 1.) Amnesty periods are a tool successfully used by the city of Seattle and other Jurisdictions much like traffic ticket amnesty days sometimes employed by courts. A set period is designated during which pet owners can license their pets and not have to pay outstanding late fees or fines. Ultimately, providing the opportunity for more people to be in compliance with pet licensing requirements will generate additional revenue in both new license fees and renewals over the years. 12. Formally recognizes transfers to other shelters, rescue groups and foster homes. in addition to adoptions and euthanasia, as means by which animals may be accounted for as leaving the King County animal shelter. This clarifies reporting requirements for the King County shelter, adding transfers to other shelters and rescue groups as recognized "outcomes" for animals leaving the shelter. 13. Authorizes the Manager of Regional Animal Services to set the value of spay /neuter vouchers issued with unaltered pet licenses as a means of encouraging spaying or neutering of that pet. Authorizes the Manager, Regional Animal Services to set the value of vouchers given to pet owners when they license unaltered dogs or cats to encourage them to have their pet spayed or neutered. The flexibility allows the Manager to respond to market conditions and increase spaying and neutering m the community. 14. Clarifies Title 11 enforcement procedures by specifying notice and order requirements and standard of review in Board of Appeals' review of animal control enforcement matters. Regional Animal Services has the burden of proof when issuing notices and orders, and must identify the portion of Title 11 that is violated and associated the monetary penalty. Notice and orders and associated civil penalties are important tools for animal control officers to get animal owners to comply with the county animal control laws. Ordinance 16861 specifies the requirements for issuing notice and orders and clarifies the standard for review for the Board of Appeals' review in order to reflect current legal standards. 15. Repeals provisions relating to Animal Care and Control Citizen's Advisory Committee. The Animal Care and Control Citizens' Advisory Coninittee provided recommendations to King County in September of 2007. The group has since stopped meeting and this change officially disbands the group and amends the code to reflect that. 16. Removes licensing authority over kennels, catteries, grooming facilities and pet shops which are now governed by Board of Health code. Oversight and licensing authority for kennels, catteries, grooming facilities and pet shops was recently adopted by the Board of Health. This change creates consistency between King County and Board of Health codes 17. Strikes references to "animal care and control" and inserts "regional animal services." In order to reflect the new program and new direction for this service (and its new name) this changes all references to the previous program, "animal care and control," to "regional animal services 129 130 Fees and fine changes in Adopted Ordinance 16861 Previous Altered pet license $30 Unaltered pet license $90 Discounted pet license Juvenile pet license Guard dog registration Exotic pet Service and police dogs Late fees for licensing Private animal placement permit Hobby kennel /cattery Commercial kennel or cattery /pet shop /grooming shop Civil penalty: general Civil penalty: vicious animal or animal cruelty Leash law violation Unlicensed pet altered Unlicensed pet unaltered Adoption fee Spay /neuter deposit Impound fee Livestock impound fee small Kenneling fee In -field pick -up Owner requested euthanasia n/a $5 $500 new $250 renewal 100 $0 $15/$20/$75 $25/$10 $50 $250/$250/$150 "up to $1000" n/a $25/$50 $75 $75 $75 $50 $45/$85/$90 n/a Livestock impound fee large $100 $12 $20 $20 Microchip I $25 *multiple rates indicate increase with successive offenses New No change $60' $15 $15 No change No change No change $15/$20/$30 $0 5 No change Fees eliminated $50 /$100/ double previous $500 /$1000 No change $125 $250 $75 $250 $150 $45/$85/$125 $145 $45 or actual cost of sheltering $20 $50 $50 No change Notes Replaces "Senior Lifetime License available to persons who are disabled. Available as an alternative to an altered license for animals up to six months old. For 45/90/135 days late. Eliminates fee for private animal placement permits. These facilities are now governed by BOH code. Clarifies standard for determining amount of penalty New category Based on adoptability Deposit is returned upon timely proof of spay /neuter. Whichever is greater Per day for impounded animals For unlicensed pets For unlicensed pets Optional 18 This brings the unaltered pet license fee more inline with what is charged in other jurisdictions, which should ultimately generate more licenses sold and more revenue generated. 19 See #8 above. 20 See #9 above. 21 The late fee for a license expired for more than 135 days was reduced from $75 to $30 to increase the incentive for complying with the Code and relicensing the pet. 22 This recognizes and encourages the contribution to animal welfare provided by private animal placement organizations by removing the fee associated with getting a private placement permit. 23 See #16 above. 24 This creates a clearer standard for civil fines, reducing the fine for general violations and creating new categories for specific, more egregious offenses (e.g. vicious animal or cruelty violations) 25 See #24 above 26 This brings the fine for unlicensed pets more inline with Seattle and other similar jurisdictions. Stricter fines and enforcement will be powerful incentives for pet owners to license their pets. 27 See #26 above. Unaltered unlicensed pets receive a higher fine because of the impact unaltered pets have on animal services operations in King County. It is an incentive for pet owners to spay and neuter their pets. 28 All fee changes are made to bring King County more inline with other programs and jurisdictions. Most important is the use of a range for adoption fees. This is standard for the industry and allows shelters to capitalize on market demands. For example, small, young or specialized breed dogs are particularly in demand. Charging a slightly higher adoption fee for these (which is still well below what an owner might pay elsewhere) helps to cover the cost of caring for these animals. 131 132 Crosswalk of KCC Title 11 and TMC Chapter 7.04 Chapter 11.02 REGIONAL ANIMAL SERVICES SECTION 11.02.010 Established. 11.02 020 Manager established compensation. 11.02.030 Agreements authorization. 11.02.040 Agreements concessions revenue for regional animal services. 11.02.050 Agreements advertising, sponsorship, naming rights for regional animal services programs restrictions. 11.02.060 Gifts, bequests and donations solicitation and acceptance deposit in animal bequest fund restrictions. Chapter 11.04 ANIMAL CARE AND CONTROL REGULATIONS 11.04.010 Purpose and scope conflicts. 11.04.020 Definitions. 11.04.030 Pet licenses required issuance penalty fee use improper checks exceptions. 11.04.033 Animal shelter, kennel, grooming service, cattery and pet shop General licenses Requirements. 11.04.035 License fees and penalties. 11.04.050 Animal shelter, cattery, pet shop, grooming service and kennel license Information required. 11.04.060 Hobby kennel or hobby cattery licenses required limitations requirements issuance and maintenance special hobby kennel license. 11.04.070 Animal shelters, kennels, hobby kennels, catteries, hobby catteries or pet shops reporting required. No corresponding provision in TMC. This Chapter adopts the new regional animal care and control model. No corresponding provision in TMC. This Chapter adopts the new regional animal care and control model. No corresponding provision in TMC. This Chapter adopts the new regional animal care and control model. No corresponding provision in TMC. This Chapter adopts the new regional animal care and control model. No corresponding provision in TMC. This Chapter adopts the new regional animal care and control model. No corresponding provision in TMC. This Chapter adopts the new regional animal care and control model. 1 Consistent with TMC 7.04.010. Adopted by reference in TMC 7.04.030. Portions repeated in TMC 7.04.020. Consistent with TMC 7.04.040, with the exception of no reference in KCC 11.04.030 to pot bellied pigs. Adopted by reference in TMC 7.04.030. TMC 7.04.040 provides for King County Council determining amount of fee. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. 11.04.080 Animal shelters, kennels, catteries, grooming service or pet shops inspections unsanitary conditions unlawful. 11.04.090 Animal shelters, kennels, grooming services, catteries and pet shops Conditions. 11.04.100 Animal shelters, kennels, catteries, grooming services and pet shops Indoor facilities. 11.04.110 Animal shelters, kennels, catteries and pet shops Outdoor facilities. 11.04.130 Grooming parlors Conditions. 11.04.140 Animal shelters, hobby kennels, kennels, pet shops, grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners additional condition. 11.04.150 Licenses, registration revocation, suspension or refusal to renew. 11.04.160 Licenses, registration revocation or refusal waiting period. 11.04.165 Individual private animal placement permit required qualifications limitations inspection, denial and revocation. 11.04.167 Organizational private animal placement permit required qualifications limitations inspection, denial and revocation. 11.04.170 Enforcement power. 11.04.180 abatement. 11.04.190 Penalty. 11.04.200 11.04.210 11.04.220 11.04.225 to animals. 11.04.230 11.04.235 cats prohibit 11.04.240 department 11.04.250 to animals 11.04.260 11.04.270 11.04.280 11.04.290 Violations deemed nuisance Violations Misdemeanor Violations civil penalty. Impounding. Additional enforcement. Additional enforcement cruelty Nuisances defined. Transfer of unaltered dogs and ed. Unlawful acts against police dogs Penalty for violation. Violations unlawful acts cruelty database. Violations notice and order. Appeals. Redemption procedures. Vicious animals corrective action. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Consistent with TMC 7.04.120. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Consistent with TMC 7.04.110. Consistent with TMC 7.04.080. Adopted by reference in TMC 7.04.030. Consistent with TMC 7.04.110. Consistent with TMC 7.04.130. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. 133 134 11.04.300 Civil penalty and abatement costs Liability of owner. Costs of enforcement action. Additional rules and regulations. Waiver of fees and penalties. Private Animal Placement Permit 11.04.310 11.04.330 11.04.335 11 04.345 Citizen Complaint Process. 11.04.400 11.04.410 11.04.500 11.04.510 Advertising re 11.04.520 11.04.530 11.04.540 from confinem 11.04.550 11.04.560 11.04.570 11.04.580 Chapter 11.08 11.08.010 11.08.020 11.08.030 control zones. 11.08.035 zones. 11.08.040 zones. 11.08.050 11.08.060 11.08.075 King County. 11.08.080 community. 11.08.090 community. 11.08.100 community. 11.08.110 community. Mandatory spaying and neutering. Spay or neuter vouchers. Euthanasia rate targets. Unaltered dogs and cats quirements. Rabies vaccination required. Exemptions from chapter. Unauthorized release of animals ent. Monitoring and reporting. Public information education. Breeder certification program. Canvassing program. DOG LEASH LAW Purpose. Definitions. Dogs at large prohibited in dog Methods to establish dog control Petitions to create dog control Violations misdemeanor penalty. Violations civil penalty. Dog control zone urban areas of Dog control zone Fairwood Dog control zone Federal Way Dog control zone Riverbend Dog control zone Eastgate Adopted by reference in TMC 7.04.030. I Adopted Adopted Adopted Adopted by reference in TMC 7.04.030. by reference in TMC 7.04.030. by reference in TMC 7.04.030. by reference in TMC 7.04.030. Consistent with TMC 7.04.040(F), with the exception that the KCC requires a cat or dog at the animal shelter to be spayed or neutered before transfer back to the owner. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Consistent with TMC 7.04.040(E). Dog leash requirement found in TMC 7.04.070(B). Unclear whether KCC 11.08 would require dogs to be on leashes in Tukwila. We will maintain current leash regulations in new TMC Chapter 7.20. 1 11.08.120 Dog control zone Maplewood Heights community. 11.08.130 Dog control zone Boulevard Lane community. 11.08.140 11.08.150 community. 11.08.160 Dog control zone Wilderness Rim Community. 11.08.170 Dog control zone Cherokee Bay Community. 11.08.180 Dog control zone 101 Pines. 11.08.190 Dog control zone Crest Air Park. 11.08.200 Dog control zone Mar Cheri. 11.08.210 Dog control zone Timberlane. 11.08.220 Dog control Zone Lea Hill Village. 11.08.230 Dog control zone Redondo. 11.08.240 Dog control zone Greenwood Point. 11.08.250 Dog control zone Cottage Glen. 11.08.260 Dog control zone Eden View. 11.08.270 Dog control zone Kingsgate Highlands. 11.08.280 Dog control zone Forest Estates. 11.08.290 Dog control zone Sammamish Beach Club. 11.08.300 Dog control zone Cedar Downs Dog control zone North Rose Hill. Dog control zone Fairwood West and an adjoining area. 11.08.310 Dog control zone Plat of Lake Margaret. 1 Chapter 11.12 RABIES CONTROL 11.12.010 Quarantine order. 11.12.020 Notice of rabies hazard quarantine period. 1 11.12.030 Violation of quarantine. 1 11.12.040 Euthanizing of infected animals. 11.12.050 Vaccination order. 1 11.12.060 Enforcement. Chapter 11.20 DISPOSITION OF FOWL AND RABBITS 11.20.010 Age restriction for disposition or coloration. 11.20.020 Penalty for violations. Chapter 11.24 STOCK RESTRICTED AREA 1 11.24.010 Stock restricted area. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Expanded regulations exist in TMC Chapter 7.08, which is not being repealed. 1 135 136 11.24.030 Penalty. Chapter 11.28 EXOTIC ANIMALS 11.28.010 Chapter intent. 11.28.020 Definitions. 11.28.030 Possession unlawful exception rules and regulations compliance. License issuance generally fees. License application content. License issuance inspection. Periodic inspection of premises. License revocation notice 11.28.040 11.28.050 11.28.060 11.28.070 11.28.080 hearing. 11.28.090 Violation penalty. 11.28.100 circumstances. 11.28.110 Chapter limitations. Chapter 11.32 GUARD DOGS 11.32.010 Intent. 11.32.020 Definitions. 11.32.030 fees. 11.32.040 application. 11.32.050 required fee. 11.32.060 application 11.32.070 11.32.080 application. 1 11.32.090 11.32.100 1 11.32.110 Euthanasia in exigent Guard dog purveyor license Guard dog trainer license Guard dog trainer license Guard dog registration. Guard dog registration Inspections. Enforcement authorization. Limitations. Guard dog purveyor license Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. 1 Adopted by reference in TMC 7.04.030. Adopted by reference in TMC 7.04.030. 1 Adopted by reference in TMC 7.04.030. 1 Adopted by reference in TMC 7.04.030. 1 Adopted by reference in TMC 7.04.030. Significant code sections in TMC different than KCC Title 11, or not found in KCC: 1. Licensing requirements for pot bellied pigs found in TMC 7.04.040 -.050 not contained in KCC. 2. Regulations regarding maximum number of cats and dogs (currently found in 7.04.070) are different in the King County Code. KCC 11.04.060 contains regulations regarding owners of more than three cats or three dogs, defined as a hobby kennel or hobby cattery. These regulations include maximum number of cats or dogs based on the size of the parcel (KCC 11.04.060(6)(3)) and requirements for setbacks from adjoining properties (KCC 11.04.060(C)). 3. Dangerous dog or potentially dangerous dog regulations currently located in TMC 7.04.085 -.100 are not contained within KCC Title 11. The existing code provisions in the TMC are being enacted under a new Chapter (TMC 7.16). 4. Leash requirements for dogs found in the current TMC 7 04.070(B) are different in the KCC. The County Code defines "dog control zones" for neighborhoods or regional areas. The direction from County staff is that if we want to maintain our leash requirements citywide, we should adopt a provision similar to that found in TMC 7.04.070(B). This is being done with the new TMC Chapter 7.20 contained in the draft ordinance with this agenda item. 5. Our zoning regulations regarding livestock, small animals and fowl is found in TMC Chapter 7.08. There is no corresponding provision in KCC Title 11, so TMC 7.08 is not being repealed. Discussions are occurring with Tukwila's DCD department regarding whether zoning regulations for animals are best located in TMC 7.08, or in TMC Title 18, Zoning. The current regulations contained in TMC 7.08 do not define what types of properties allow for which types of animals. DCD staff will investigate the feasibility of incorporating regulations concerning animal type and quantity, including setback provisions, in TMC Title 18. 137 138 Finance Safety Committee Minutes August 17, 2010 Paae 3 After discussion, the Committee concurred with staff recommendation for the following: Move forward with the purchase of a Vo P Telephone System through the existing National Joint Powers Alliance contract utilizing Mitel as the vendor. Pricing is anticipated to be less than the funding provided by the bonds. o Move forward with the procurement of the Microsoft Enterprise license (cost is $103,378 annual for a three year total of $310,134.) As information only, staff briefly discussed the hardware items in the memo that support the ViOP Telephone System and Microsoft Enterprise Licensing. UNANIMOUS APPROVAL. FORWARD TO AUGUST 23 COW FOR DISCUSSION. E. Ordinance: King County Animal Control Regulations Staff is seeking Council approval of a draft ordinance which will repeal Section 7.04 of the Tukwila Municipal Code (TMC) regarding Animal Care and Control, and in its place adopt, by reference, King County Code Title 11 relative to Animal Care and Control. As not addressed by King County Code, the draft ordinance also adopts regulations regarding dangerous dogs and dog leash requirements. The City is able to adopt additional regulations as deemed necessary, and the regulations will be enforceable by King County. The Committee expressed interest in the future consideration of increased fees for offenders with multiple violations. UNANIMOUS APPROVAL. FORWARD TO AUGUST 23 COW FOR DISCUSSION. F. Sales Tax Report Shawn Hunstock reviewed sales tax revenue through May 2010. Unfortunately, receipts continue to decline, with May numbers falling 33.44% below budget estimates and $15,000 below actual receipts for the same month last year. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 6:50 p.m. Next meeting: Wed., September 8, 2010 5:00 p.m. Conf. Room #3 *Wednesday dice to holiday Committee Chair Approval Minutes by KAM. Reviewed by MV. SL and MM. 23rd (Monday) 24th (Tuesday) 25th (Wednesday) 26th (Thursday) 27th (Friday) 28th (Saturday) Community Utilities Cmte, COPCAB, Planning Affairs Parks 5:00 PM 6.30 PM Commission, Cmte, (CR #1) (CR #5) 6.30 PM 5 00 PM (Council (CR #3) Chambers) City Council Committee of the Whole Mtg., 7 PM (Council Chambers) C.O.W MEETING TO BE IMMEDIATELY FOLLOWED BY A SPECIAL MEETING Upcoming Meetings Events AUGUST SEPTEMBER 2010 Court Tukwila Int'l. Blvd. Action Cmte's Trash Pickup Day 9:00 -10:00 AM For location contact Rick at rick forschler org 30th (Monday). 31st (Tuesday) 1st (Wednesday) 2nd (Thursday) 3rd (Friday) 4th (Saturday) Sister City Equity Cmte, Diversity 5.30 PM Commission, (CR #3) 515 PM (CR #3) PET LICENSE AMNESTY PERIOD License your pet now —avoid fines later. The City of Tukwila recently entered into a new contract with Regional Animal Services of King County to provide animal control, sheltering and pet licensing services to our residents. To encourage compliance with pet licensing requirements, the City will be implementing changes to its Municipal Code, creating a zero tolerance policy for unlicensed pets. Owners of a spayed /neutered cat or dog without a license will be fined $125 00 The fine increases to $250.00 if the unlicensed dog or cat is unaltered. An AMNESTY PERIOD is now underway, giving pet owners until SEPTEMBER 30, 2010 to license previously unlicensed pets or renew expired licenses without facing these fines. Take advantage of this grace period by licensing your pet online, or corning to the City Clerk's counter at Tukwila City Hall (business hours are 8.30 AM to 5 PM, Monday through Friday). Call 206- 433 -1800 or visit http:// www. ci. tukwila.wa.us /clerk/petlic.html for more information. Arts Commission: 1st Tues., 5.30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 767 2342. >Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Hinthorne at 206 575 1633. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. >City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206 433 1844. Community Affairs Parks Committee: 2nd 4th Mon., 5 PM, Conf. Room #3 Agenda items for 8/23/10 meeting: (A) Renewal of gambling moratorium. (B) Comprehensive Plan amendments. (C) Recommendation for use of City property. (D) 2010 Parks Recreation programs. COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6.30 PM, Conf. Rm #5. Phi Huynh (206 433 7175). Domestic Violence Task Force: Qtrly, 12 NOON (2010 3/18, 6/17, 9/16, and 12/16). Contact Stacy Hansen at 206 433 7181 Equity Diversity Commission: 1st Thurs., 5 15 PM, Conf. Room #3. Contact Joyce Trantina at 206 433 1850. Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3 Human Services Advisory Brd: 2nd Fri. of odd months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206 433 7180. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library Contact Stephanie Gardner at 206 767 2342. Lodging Tax Advisory Committee: Every other month (or as scheduled), 12:00 NOON. Contact Katherine Kertzman at 206 575 2489 Parks Commission: 3rd Wed., 5.30 PM, Senior Game Room at Community Center Contact Stephanie Gardner at 206 767 2342. Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov Dec., 6.30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 431 3670. Sister City Committee: 1st Wed., 5.30 PM, Conf. Room #3 Contact Bev Willison at 206 433 1844 Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1 Tukwila Historical Society: 3rd Thurs., 7 PM (meeting location varies). Contact Pat Brodin at 206 433 1860. >Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7 PM, Tukwila Community Center Contact Chief Dave Haynes at 206 433 -1812. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf Room #1 Agenda items for 8/24/10 meeting (A) Solid waste interlocal agreements. (B) Howard Hanson Dam Flood Response Emergency Levee Work Project completion and acceptance. (C) Tukwila 205 Levee Repair —Lily .Pointe Easement interest payment. Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). 139 140 Tentative Agenda Schedule MONTH MEETING 1- REGULAR August 2 30th Fifth Monday of the month —no Council meeting scheduled September 7 (Tuesday) 6th Labor Day (City offices closed) October 4 Special Presentation: Update on Arts Commission activities (2009 -2010) (Cynthia Chesak, Arts Connnission member) Unfinished Business: Potential surplus city properties Ordinance regarding traffic concurrency fees Microsoft Enterprise Agreement and VoIP (Voice over IP) telephone system Ordinance adopting King County animal control regulations Tukwila Village decision 9 13 MEETING 2 MEETING 3 MEETING 4 C.O.W. REGULAR C.O.W. Special Issues: Budget: (1) Review status of 6 -year financial plan. (2) Status of new revenues, program/ service reductions, and compensation reductions versus budget gap goals. Decide if further reduc- tions are necessary, set targets and schedule Council work sessions for September and October 11 16 23 20 Special Presentations: Employee recognition awards Update on Somali Community Services Coalition Proclamation: Mayor's Day of Concern for the Hungry 18 See agenda packet cover sheet for this week's agenda (August 23, 2010 Committee of the Whole Meeting to be immediately followed by a Special Meeting) 27 Special Issues: Recommendation from Fire Exploratory Committee 25 Special Issues: Review City-wide revenue projections