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Home My WebLink AboutFS 2008-01-23 Item 2D - Ordinance - Dangerous Dog Appeal Process KENYON DISEND/ PLLC THE MUNICIPALLAW FIRM 11 FRO~rr STREET SOUTH ISSAQUAH, W ASHINGfON 98027-3820 WWW.KENYONDrsEND.coM (425) 392-7090 . (206) 628-9059 FAX (425) 392-7071 MICHAEL R. KENYON BRUCE L. DrSEND SHELLEY M. KERSLAKE KERRl A. JORGENSS"l PETER B. BECKWITH RENEE G. WALLS KARl L. SAND MO~'1CA A. BUCK KATHRYN J. HARDY A.,\W JO PEARSALL SAi"lDRA S. MEADOWCROFT CHRIS D. BACHA MARGARET J. KING INFORIWATION :MEMO To: From: Date: Re: Finance and Safety Committee Peter Beckwith, Assistant City Attorney January 16, 2008 Ordinance Amending TMC 7.04.090, Dangerous Dog Designation ISSUE Whether the City Council should amend its Municipal Code to allow an appeal of a designation of dangerous or potentially dangerous dog to go before the City's Hearing Examiner. BACKGROUND/DISCUSSION Currently, Tukwila Municipal Code Section 7.04.090(E) (Declaration of Dangerous and Potentially Dangerous Dog - Declaration Appeal Procedure) provides that an owner or keeper of a dog deemed dangerous or potentially dangerous may appeal such designation to the King County Animal Control Authority Board of Appeals. However, the City and County do not regulate dangerous or potentially dangerous dogs in the same manner. During the City's negotiations with King County to renew the interlocal agreement for animal control services it was suggested that due to the difference in animal control regulations that appeals of dangerous and potentially dangerous dog designations go before the City's Hearing Examiner. This would also allow the City's appeal procedures be used as opposed to the procedures used by the King County Animal Control Authority Board of Appeals. If approved, the City's Hearing Examiner has agreed to take on this additional responsibility. RECOIVIMENDATION Because of the difference in animal control regulations and to maintain control over the appeal process, our office recommends amending TMC 7.04.090(E) so that appeals of dangerous or potentially dangerous dog designations go before the City's Hearing Examiner instead of the King County Animal Control Authority Board of Appeals. Attachment: Proposed ordinance in track change. C:\Documents and SetlingsIPamela-O\Local Setlings\Temp\GWViewer\MEMO - Dangerous Dog Appeallnfo.docJPfOl/16!08 SERVING VVASHINGTON CrrrES SINCE 1993 CITY OF TUKWILA W ASIDNGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF TUKWILA, WASIllNGTON, AMENDING TUKWILA MUNICIPAL CODE SECTIONS 7.04.090 AND 7.04.100 REGARDING THE APPEAL OF A DANGEROUS OR POTENTIALLY DANGEROUS DOG DESIGNATION; PROVIDING FOR SEVERABILI1Y; AND ESTABLISIDNG AN EFFECTIVE DATE WHEREAS, the appeal procedure set forth under Tukwila Municipal Code Section 7.04.090(E) (Declaration of Dangerous and Potentially Dangerous Dog), provides that an owner or keeper of a dog deemed dangerous or potentially dangerous may contest such designation before the King County Animal Control Authority Board of Appeals; and WHEREAS, the City Council desires to amend the appeal procedure of Tukwila Municipal Code Section 7.04.090(E) in order that appeals of dangerous dog and potentially dangerous dog designations go before the Tukwila Hearing Examiner, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC 7.04.090(E) Declaration Appeal Procedure (Amended). The following provisions of Tukwila Municipal Code Section 7.04.090(E) (Declaration of Dangerous and Potentially Dangerous Dog - Declaration Appeal Procedure) is hereby amended to read as follows: E. Declaration appeal procedure. If the owner or keeper of the animal wishes to contest the declaration, the following procedures shall apply: 1. The owner or keeper shall, within 14 days of receipt of the declaration, or within 14 days of the publication of the declaration, or within 14 days of the publication of the declaration pursuant to 7.04.090 C, request a hearing from the King County .^...nimal Control Authority Board of AppealsTukwila 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 Board of AppealsTukwila Hearing Examiner can be appealed in Superior Court. 2. If the Board of l\ppealsTukwila Hearing Examiner finds there is insufficient evidence to support the declaration, it shall be rescinded and the restrictions imposed thereby annulledvacated. - 1 - Madntosh HD:Users:stada:.novell:groupwise:stada:Client:54273: 18377:Dangerous Dog;.doc/SN/OIl17/08 3. If the Board of AppealsTukwila Hearing Examiner finds sufficient evidence to support the declaration, then it shall be affirmed. 4. / If the Board of AppealsTukwila Hearing Examiner finds that the animal is not a potentially dangerous or dangerous dog, no costs shall be assessed against the City or the Animal Control Authority or officer. Section 2. TMC 7.04. 1 OO(A) Declaration - Impoundment and Abatement (Amended). The following provisions of Tukwila Municipal Code Section 7.04.100(A) (Declaration - impoundment and abatement) is hereby amended to read as follows: A. Impoundment. Following service of a declaration of potentially dangerous or dangerous dog, and pending appeal under TMC 7.04.090(D), the Animal Control Authority may, if circumstances require, impound the animal at the owner's or keeper's expense, until the appeal to the Board of AppealsTukwilaHearing Examiner or a court of competent jurisdiction orders either its redemption or destruction. Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 4. Effective Date. This Ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. ADOPTED BY THE CITY COUNCil., AT A REGULAR MEETING THEREOF ON THE_DAY OF ,2007. CITY OF TUKWILA ATTEST/AUTHENTICATED: Jim Haggerton, Mayor Approved as to form: Shelley Kerslake, City Attorney , Jane Cantu, City Clerk Filed with the City Clerk: Passed by the City Council: Ordinance No. Date of Publication: -2- Madntash HD: Use.-s:stada: D~'<tcp-.really recent ords:Dangerous Dogs.doc/SN/O 1/17/08