HomeMy WebLinkAboutPermit L03-064 - BENDFELT ERIC - BUSINESS LICENSE APPEALCLUB -DOG DAYCARE
13301 56 AVE S
L03-064
BUSINESS LICENSE APPEAL
Department of Community Development Steve Lancaster, Director
I. Applicable Standard of Proof
Staff Report
To the Hearing Examiner
City of Tukwila
HEARING DATE: December 2, 2003
STAFF CONTACT: Brandon J. Miles, Assistant Planner
FILE NUMBER: L03 -064
APPLICANT: Eric Bendfelt
REQUEST: Relief from Notice of Denial
LOCATION: 13301 56 Ave S
RECOMMENDATION: Affirm the City's Decision to Deny the Business License
Application
ATTACHMENTS: A. Vicinity Map
B. Section of 18.10 Tukwila Municipal Code, "Low Density o
Residential"
C. Business License Application
D. Tukwila Municipal Code 18.06.465 "Kennels"
E. Applicants Business Proposal
F. TMC 18.06.430 "Home Occupations"
G. Notice of Denial
H. Notice of Appeal
Steven M. Mullet, Mayor
The applicant has challenged the City's decision to deny a business license. As the moving
party, the applicant has the burden of demonstrating that the City's decision to deny the business
license was clearly erroneous. After hearing the case regarding the above business license
denial, the Hearing Examiner has the following options pursuant to TMC sections 5.04.112 and
8.45.090:
1. Sustain the City's decision to deny the business license
2. Withdraw and reverse the City's decision to deny the business license,
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665
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3. Continue the Hearing until a date certain for receipt of additional information, or
4. Modify the decision to deny the business license
IL Scope of Hearing
The Hearing is limited to issues posed in the Notice of Denial issued by the City Clerk's Office
(TMC 5.04.110 (B). In this case, the Applicant has amended this application subsequent to
receipt of the Notice of Denial. Since the scope of the hearing before the Examiner is confined
to the issues raised in the original application and the City's denial thereof under 5.04.110 -B, the
City contends that any information contained therein is irrelevant to this proceeding.
The issue before the Hearing Examiner is whether the City's decision to the deny the business
license based upon the information contained with the original application was clearly erroneous.
III. Finding of Facts
1. The property in questions is located at 13301 56 Avenue South, Tukwila, WA 98178.
Parcel Number 217200 -0080 (Attachment A, Vicinity Map).
2. The property is zoned Low Density Residential (LDR). Tukwila Municipal Code section
18.10 notes the purpose of this zoning is to, "...provide a full range of urban infrastructure
services in order to maintain stable residential neighborhoods, and to prevent intrusions by
incompatible land uses (Attachment B, Section 18.10 Tukwila Municipal Code).
3. On October 6, 2003 the appellant submitted a business license application to operate a
"doggie daycare" facility at the property in question. (Attachment C, Business License
Application).
4 - is no definition of a "doggie day-care" facility in the Tukwila Zoning Code. However,
the zoning code does specifically define "a place where four or more dogs or cats are housed
g as a kennel. (Attachment D TMC 18.06.465).
5. The applicant submitted an outline of his business operations (Attachment E, Business
proposal) , which noted the following:
• Owners will drop off and pick -up their pets between the hours of 6:30 am- 6:30pm
• Upon arrival the dogs will be placed in one of ten spacious 6'x 10' shaded individual
kennels.
• Once the dogs have arrived they will be taken out to play and exercised in the 18,000
square foot fenced area.
• Water, snacks, and food (provided by the owners) will be available throughout the day.
• There will be two separate indoor facilities provided. Heated in the winter, air -
conditioned in the summer.
• Parents will have signed a waiver in any emergency arises. The local vet, 2 miles way,
will take care of the pet emergency.
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• Owner will be versed in emergency vet medicine, and will be taking an on -line vet -tech
course.
• Web cams will eventually be installed so the owners can check in on the dogs during the
day via our website.
6. Kennels are not a permitted use in the LDR zoning (See Attachment C, TMC 18.10).
7. Kennels are not an approved conditional use in the LDR zoning (See Attachment C, TMC
18.10).
8. rKennels are permitted in the following zones, and even then, only with an approved
, conditional use permit: Regional Commercial, Regional Commercial Mixed -Use,
Commercial/Light Industrial, Light Industrial, Heavy Industrial, and Tukwila Valley South.
9. In order to operate a business within the LDR district at the property in question the applicant
must run the business in an incidental manner to its main uses a residence, and be able to
meet the requirements set forth in the definition of a home occupation (TMC 18.10.030).
The City of Tukwila defines a home occupation as, "...as an occupation or profession which
is customarily incident to or carried on in a dwelling place, and not one in which the use of
the premises as a dwelling is largely incidental to the occupation carried on by a resident of
the dwelling places provided, that:
1. There shall be no change the outside appearance of the surrounding residential
development;
2. No home occupation shall be conducted in any accessory building;
3. Traffic generated by such home occupation shall not create a nuisance;
4. No equipment or process shall be used in such home occupation which creates
noise, vibration, glare, fumes, odor, electrical interference detectable to the
normal senses of the lot;
5. The business involves no more than one person who is not a resident of the
dwelling; and
6. Any off - street parking space shall be made available for any non - resident
employee" (Attachment F, TMC 18.06.430).
10. The appellant, Eric T. Bendfelt, signed the section of the City business license application
which notes the following conditions on the business license:
A. Employees do not come to the property on a daily or weekly basis.
B. No more than one work car will be parked on or near the property at any one
time.
C. Outside storage of materials will not occur.
D. Customers do not come to the premise (with the exception of daycares).
E. The business operator visits customers at their location.
F. The interior of the premises appears to be a residence
(See Attachment D, Business License Application)
11. On October 9, 2003, the Planning Division of the Department of Community Development
recommended to the City Clerk that the business license be denied.
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12. On October 27, 2003, the City Clerk issued a notice of denial to the appellant on October 27,
2003 (Attachment G, Notice. of Denial). The letter stated the following reasons why the
license could not be approved:
1. The use was not an approved use in the zone.
2. The business could not meet the definition of a home occupation.
13. On October 30, 2003, the applicant submitted a letter to the City Clerk's Office requesting an
appeal of the City's decision (Attachment H, Notice of Appeal).
IV. Discussion
Animal Kennels in the LDR Zoning
Legislative Intent
A_sfthe. code demonstrates kennels are not a permitted use within the LDR.A :Tukwila's
:;code requires that a conditional use;perinit be issued to site a kennel in any zone in the which a
kennel is permitted Requiring a conditional use permit for the siting of kennels demonstrates
that .the City Council believes that there are adverse impacts with dog kennels and that those'
adverse impacts are significant enough that they must be mitigated through a public review
41rocess.
V. Home Occupation
Legislative Intent
Tukwila's City Council never intended for* home occupation to occur outside of the primary
, residence on the property. .,; By- definition `a home occupation is one that is customarily incident to
or carried on in a dwelling place... (TMC 18.06.430). Further, the first two conditions of the
home occupation definition support the intent of the City Council that a home occupation must
be totally enclosed within the primary building: 1) There shall be no change in the outside
- appearance of the surrounding residential development; 2) No home occupation shall be
.,conducted in any accessory building.
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n light of the proposed uses set forth by the applicant, this business is not one which may be
permitted as a home occupation. The City code provide specific requirements that must be met
by all home occupations, which include:
1. There shall be not change in the outside appearance of the surrounding residential
development;
2. No home occupation shall be conducted in any accessory building;
3. Traffic generated by such home occupations shall not create a nuisance;
4. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odor, or electrical interference detectable to the normal senses
off the lot;
5. The business involves no more than one person who is not a resident of the dwelling;
and
4
6. Any off - street parking space shall be made available for any non - resident employee.
In the Notice of Denial the City Clerk noted that the business would be unable to meet
requirements one, two, three and four of the home occupation definition.
1. The presence of a Large number of dogs would alter the appearance of the residential
development (TMC 18.06.430 (1)).
It is not typical for homeowners to have, as the applicant noted to the City ten (10) dogs on a
property. In addition, the business will be occurring outside, a home occupation must be
totally enclosed within the primary residence. Because the proposed use would alter the
residential appearance and character of the LDR district, the application was denied.
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2. The use of accessory facilities, i.e., heated air - conditioned facilities and kennels violates g
the provision of the home occupation definition of the code (TMC 18.06.430 (2)).
U)
The information provided to the City noted that, "There will be two separate indoor facilities I- _
provided. Heated in the winter, air conditioned in the summer ". These facilities would most z
likely be the cabins that are located on the property. These cabins are accessory to the single- w o
family house on the property. The City code notes that home occupations cannot use o
accessory structures on the property (TMC 18.06.430 (2).
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In addition, in order to be licensed from King County to operate an animal kennel a place of w • w
shelter must be provided for the animals. The applicant had originally proposed to have
kennels on the property. u- z
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The applicant cannot meet both Tukwila City Code and King County Code. Tukwila o
Municipal Code does not allow a home occupation to use accessory structures. King County z
Code requires that shelter facilities be provided.
A home occupation must be carried on totally within the primary dwelling unit.
3. Traffic generated by such home occupation shall not create a nuisance (TMC 18.06.430
OD-
The appellant noted on the application that he would have ten kennels, thus there would be
ten dogs. Thus, the total number of trips generated by the business per business day
approximately twenty (20).
The applicant noted that he would be using an "alternative site" for drop off and pick up. No
further information about the proposed alternative site was included with the application.
Twenty trips per day to a residence within Tukwila's LDR district is clearly in excess of that
contemplated by the council in approving home occupations. As such, the City has denied
the application on this basis.
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VI. Conclusion
VII. Recommendation
4. The business would create noise, vibration, glare, fumes, odor, or electrical interference
detectable to the normal senses off the lot (TMC 18.06.430 -4).
The applicant is unable to meet this condition of operating a home occupation.
A dog kennel would have significant impacts on the surrounding property owners. The City
has concerns regarding noise impacts on surrounding properties. One dog can create sound
in excess of 50 dBA. A dog kennel can produce anywhere between 72 -80 dBA. These
sounds would be detectable on other properties. In addition, voice commands from the
operator would also be detectable on other properties. Dogs on the property would also
produce a considerable amount of waste material, which may have a detrimental effect on
surrounding properties. For these reasons, the application was denied.
The City's decision to deny the business license was based upon the following:
1. Animal Kennels are not permitted outright in the Low Density Residential District.
2. Animal Kennels are not a permitted Conditional Use in the Low Density Residential District.
3. The proposed use cannot be properly be permitted as a home occupation.
Based upon the foregoing, the City respectfully requests that the Hearing Examiner deny the
appeal.
6
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Property Location
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Parcel Number 2172000080
Address 13301 56TH AV S
Zipcode
Taxpayer BENDFELT ERIC T
The information included on this map has been compiled by King County staff from a
variety of sources and is subject to change without notice. King County makes no
representations or warranties, express or implied, as to accuracy, completeness,
timeliness, or rights to the use of such information. King County shall not be liable for any
general, special, indirect, incidental, or consequential damages including, but not limited
to, lost revenues or lost profits resulting from the use or misuse of the information
contained on this map. Any sale of this map or information on this map is prohibited
except by written permission of King County."
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ATTACHMENT A
11/17/2003
TUKWILA MUNICIPAL CLJE
Sections:
18.10.010
18.10.020
18.10.030
18.10.040
18.10.050
18.10.055
18.10.057
18.10.060
Chapter 18.10
LOW DENSITY RESIDENTIAL
(LDR) DISTRICT
Purpose
Permitted Uses
Accessory Uses
Conditional Uses
Unclassified Uses
Design Review
Maximum Building Footprint
Basic Development Standards
18.10.010 Purpose
This district implements the Low Density Residen-
tial Comprehensive Plan designation, which allows a
maximum of 6.7 dwelling units per net acre. It is
intended to provide low density family residential
areas together with a full range of urban infrastructure
services in order to maintain stable residential neigh-
borhoods, and to prevent intrusions by incompatible
land uses. Certain LDR properties are identified as
Commercial Redevelopment Areas (see Figures 18 -9
or 18 -10) to encourage aggregation with commercial
properties that front on Tukwila International Boule-
vard. Aggregation and commercial redevelopment of
these sites would implement the Pacific Highway
Revitalization Plan and provide opportunities to rede-
fine and create more uniform borders between the
commercial corridor and the adjacent residential neigh-
borhoods.
(Ord. 1865 §4, 1999; Ord. 1758 §1(part), 1995)
18.10.020 Permitted Uses
• The following uses are permitted outright within
the LDR district, subject to compliance with all other
applicable requirements of the Tukwila Municipal
Code.
1. Dwelling — One detached single- family
dwelling per lot.
2. Animal veterinary, including associated
temporary indoor boarding; access to an arterial is
required.
3. Public parks, trails, picnic areas and
playgrounds, but not including amusement parks, golf
courses, or commercial recreation.
4. In Commercial Redevelopment Area 4
(see Figures 18 -9 or 18 -10), the uses and development
standards of the adjacent commercial zone are
permitted and shall apply, subject to the specific criteria
and procedures defined in TMC 18.60.060.
5. Shelters.
(Ord. 1976 §17, 2001; Ord. 1865 §5, 1999;
Ord. 1758 §1(part), 1995)
ATTACHMENT B
_4
18.10.030 Accessory Uses
The following uses and structures customarily
appurtenant to a permitted use, and clearly incidental to
such permitted use, . are allowed within the LDR
district.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more
than 33% of the square footage of the primary residence
and a maximum of 1,000 square feet, whichever is
less;
c. one of the residences is the primary
residence of a person who owns at least 50% of the
property,
d. dwelling unit is incorporated into the
primary detached single - family residence, not a
separate unit, so that both units appear to be of the
same design as if constructed at the same time;
e. minimum of three parking spaces on
the property with units less than 600 square feet, and a
minimum of four spaces for units over 600 square feet;
and
f. the units are not sold as
condominiums.
3. Family child care homes, provided the
facility shall be licensed by the Department of Social
and Health Services Office of Child Care Policy and
shall provide a safe passenger loading zone.
4. Garage or carport (private) not exceeding
1,500 square feet in floor area, provided it is located on
the same lot as the principal use and-is subject to the
regulations affecting the main building.
5. Greenhouses (noncommercial) and storage
sheds not exceeding 1,000 square feet in floor area.
6. Home occupations.
7. Institutional uses such as hospitals, food
banks, schools, or government. facilities may have two
cargo containers per lot with approval as a Type 2
decision; criteria are listed at TMC 18.50.060.
8. Parking areas.
9. Private stable, if located not less than 60
feet from front lot line nor less than 30 feet from a side
or rear lot line. It shall provide capacity for not more
than one horse, mule or pony for each 20,000 square
feet of stable and pasture area, but not more than a total
of two of the above mentioned animals shall be
allowed on the same lot.
(Ord. 1989 §2, 2002; Ord. 1976 §18, 2001;
Ord. 1758 §1(part), 1995)
18.10.040 Conditional Uses
The following uses may be allowed within the
LDR district, subject to the requirements, procedures,
and conditions established by the Conditional Use
Permits chapter of this title.
1. Bed and breakfast facilities, provided:
a. the manager /owner must live on -site,
■
Printed January 2, 2003
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Lot area, minimum
6,500 sq. ft.
Average lot width (min. 20 ft. street
frontage width), minimum
50 feet
Setbacks to yards (minimum):
• Front
20 feet
• Front, decks or porches
15 feet
• Second front
10 feet
• Sides
5 feet
• Rear
10 feet
Height, maximum
30 feet
Off -street parking:
• Residential
See TMC 18.56,
Off- street
Parking/Loading
Regulations
• Accessory dwelling unit
See 18,10.030
• Other uses
See TMC 18.56,
Off - street
Parking/Loading
Regulations
b. the maximum number of residents,
either permanent or temporary, at any one time is
twelve,
c. two on -site parking spaces for the
owner and permanent residents and one additional on-
site parking space is provided for each bedroom rented
to customers,
d. the maximum length of continuous
stay by a guest is 14 days,
e. breakfast must be offered on -site to
customers, and
f. all necessary permits or approvals are
obtained from the Health Department.
2. Cemeteries and crematories.
3. Churches and community center build-
ings.
4. Dormitories
5. Electrical substations -- distribution.
6. Fire and police stations.
7. Libraries, museums or art galleries (public).
.8. Radio, television, microwave, cellular or
observation stations and towers. district.
9. Recreation facilities (public) including, but
not limited to, sports fields, community centers, and
golf courses.
10. Schools, preschool, elementary, junior and i
senior high schools (public), and equivalent private
schools.
(Ord. 1976 §19, 2001; Ord. 1758 §1(part), 1995)
18.10.050 Unclassified Uses
The following uses may be allowed within the
Low Density Residential district, subject to the
requirements, procedures and conditions established
by the Unclassified Use Permits chapter of TMC 18.66,
Unclassified Use Permits:
1. Landfills and excavations which the res-
ponsible official, acting pursuant to the State Environ-
mental Policy Act, determines are significant envi-
ronmental actions.
2. Neighborhood stormwater detention and
treatment facilities.
3. Stormwater pump stations.
4. Water utility reservoirs and related facilities.
5 Sewage lift stations.
6. Water pump stations.
7. Mass transit facilities.
8. Other uses not specifically listed in this
Title which the Director determines to be:
a. Similar in nature to other uses
allowed through the unclassified use permit;
b. Consistent with the stated purpose of
the district;
c. Consistent with the policies of the
Tukwila Comprehensive Plan.
(Ord. 1865 §6, 1999; Ord. 1816 §1, 1997;
Ord. 1758 §1(part), 1995)
TITLE 18 — ZONING
18.10.055 Design Review
Design review is required for developments in a
Commercial Redevelopment Area that propose the
uses and standards of an adjacent commercial zone.
(See TMC 18.60, Board of Architectural Review)
(Ord 1865 §7, 1999]
18.10.057 Maximum Building Footprint
The maximum total footprint of all residential
structures located on a lot in the LDR District shall be
limited to 35% of the lot area, provided:
1. The maximum footprint is reduced by
0.125% for each 100 square feet of lot area in excess of
6,500 square feet and less than 19,000 square feet;
2. The maximum footprint shall be 4,000
square feet for lots between 19,000 square feet and
32,670 square feet;
3. The maximum footprint shall be 5,000
square feet for lots between 32,760 square feet and
43,560 square feet;
4. The maximum footprint shall be 6,000
square feet for lots over 43,560 square feet; and
5. For lots less than 6,500 square feet in size,
the maximum total footprint shall be the area defined
by the application of the standard setback requirements
set forth in the applicable Basic Development
Standards, up to a maximum of 2,275 square feet.
(Ord. 1971 §6, 2001)
18.10.060 Basic Development Standards
Development within the LDR district shall conform
to the following listed and referenced standards:
LDR BASIC DEVELOPMENT STANDARDS
(Ord. 1971 §4, 2001; Ord. 1758 §1(part), 1995)
1PIpt ua 2x 2003 Page 18 -25
I Business License: ❑ RENEWAL NEW
Application Date:
J 0 _ l0 — 3
Business Name j C I U b -06(D ' lty Cry F-E
Local Street O t
Address S' th /� V S,
tcode+a to Include �' k�v ,,\
L,J A 9%I
I
Local PO box & zip, if applicable
Corporate Address, if different from local:
rM e
•
Business Phone (include area coder a O to - 69 6 - boa (Q
Corporate Phone:
Local manager (include name and home phone):
Indicate ownership status: jR'Individual ❑ Partnership
❑ LLC ❑ Corporation ❑ Non -profit
List owners/partners / officers: Title Home Address City /State/Zp Pilule Date of Birth
,g1?-a__ ; -5■1‘ck 13eMOC tI S lo Ake.S f/ -4,` - 9`b1i - `� - �s 6 y
is your Door -to -door solicitation/peddler? YI No ❑ Yes
business: Telephone solicitation? I(No ❑ Yes
Contractor based outside City? fta No ❑ Yes
if "Yes", showlobsite address In space below
Operated from your Tukwila residence? ❑ No X Yes
if "Yes", read information on reverse side and sign
Any gambling and/or gambling devices on premises?
❑ No ❑ Yes
Any amusement devices on premises?
❑ No ❑ Yes If "Yes ", number of devices:
Description of business (give details; also, list types of products sold or stored): Ok. „,s zv.o� be
p c p oq S /� - t; 1 - - r ef NAT. A3 � . % t L....1 A.-C ( - 1 1 - t Wit, 6 0 1
c��C�7�q tT�°�
Will retail sales be Conducted D es y 1 No _ a - -4 P'i't
Size of floor space
used: �pR))
1% 0 o 0 sq. ft.
Original opening date of
business in Tukwila:
N A
Total employees at Tukwila location, including
owners and managers:
Full -time: 3, Part-time: I 1
Number of employees in each type of employment office: /e9 Retail: 9
wh o l esa l e: Manufachm •: fa Warehousing: Qf Other. ,
Do you use/store/discharge flammable, hazardous, or biohazardous' materials?
; O N o ❑ Yes If "Yes", s t a t e type and q u a n t i t y .
Loca Emergency Contacts: Plane
2 ' F s i c' - c 9 e Cr .t36 - y 33 - 99 y b
Are you PRESENTLY doing any:
construction or remodeling? tiChlo ❑ Yes
installation of commercial storage racks? X No ❑ Yes
installation of new signage or changes in existing signage? pt No ❑ Yes
If Yes
y
Appropriate building permits MUST be obtained prior to
start of construction or rack installation.
Separate sign permits required. Copies of the final
approved permits MUST accompany this application.
Show 2002 City of Tukwila Business license #
if Renewal
If business name has changed in past year, list former name:
Is your business use different than the previous use of
If New Business IN► this building/space?
)2i Yes ❑ No
No. of CTR "affected employees" at the site for
which this business license application is filed:
(Read CTR information on reverse side)
If you are a new building owner or planning to sell a building - please note fire alarm installation provisions on reverse side
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188 -2599
206 -433 -1800
This is an APPLICATION ONLY, and NOT a license to conduct business. o r,„(64 You must obtain a business license PRIOR to conducting business. ^
ALL LICENSES EXPIRE DECEMBER 31 �L
;'wYri'SS
OFFICE USE ONL Y
Paid: ❑ Cash
Check No.:
Date: f 0 -?
Received by: � 5
Receipt No.: y 774,
Buildinb:
❑ Building/sign permit
Police:
PI ing:
EA/ Ei) ,
attached Zoning designation: L. - W u —
Fire:
Date issued:
i
2003 License No.:
WA State Sales Tax #
or UBI number (9 digits): Pe i I >) v -
I certify the information contained herein is correct.
I understand that any untrue statement Is cause
for revocation of my iii
Signature: r --�
Print Name: t g L AJ D r„
Title /Office:
LICENSE FEE (based on TX 0 to 5 $50.00
number of employees) ❑ 6 to 100 $100.00
CHECK ONE *, ❑ 101 and above $200.00
Please return completed application with fee to Tukwila City Hall at address shown above. Attention: City Clerk's Office
De-WI ei /612 . J j o '
/
Application for 2003
City Business License
FILL OUT THIS FORM IN ITS ENTIRETY
.INCOMPLETE APPLICATIONS WiLL NOT BE ACCEPTED
ATTACHMENT C
AUTOMATIC FIRE ALARM
INSTALLATION NOTICE
As required by Tukwila Municipal Code (TMC) 16.40.090(5): when sold, existing commercial, industrial and multi - family
dwellings which are not fully protected by an automatic sprinkler system shall have an Automatic Fire Alarm system
installed. If not installed by the property owner, upon sale of the property it will be the responsibility of the seller to
advise the buyer of this requirement. Multi- family dwellings which are sold and protected by an automatic sprinkler
system shall install a fire alarm system complying with TMC 16.40.110B.
CTR INFORMATION ( "Commute Trip Reduction" Program)
In 1991, Washington State passed a law (RCW 70.94.521 -551) directing city and county governments to institute
programs which require their major employers (with 100 or more affected employees - including owners and
managers - at a single worksite) to take measures to reduce the number of single- occupancy vehicle commute trips
per week per employee. "Affected employees" are those full-time employees who are scheduled to begin
their regular work day between 6:00 -9:00 AM, on at least two weekdays per week, 12 months of the year.
(For purposes of this law, 35 hours per week is considered full- time.)
Please indicate the number of your affected employees in the space provided on the front of this application.
If you need more information about Tukwila's Commute Trip Reduction Program, please contact the Commute Trip
Reduction Coordinator at 206-431-3670.
SAFETY IN OVERNIGHT LODGING (for Tukwila hotels /motels)
Businesses engaged in providing overnight lodging (hotels /motels) are required to participate in the SAFETY IN
OVERNIGHT LODGING PROGRAM per TMC 5.60. Copies of the governing ordinance and program description
can be obtained from the Tukwila Police Department Crime Prevention Unit.
;.. T HIS AREA: IS TO BE ,COMPLETED ONLY BY APPLICANTS WITH HOME OCCUPATION
HOME OCCUPATION (business operated out of your Tukwila residence)
Conditions for Issuance of Business License
Pursuant to Tukwila Municipal Code Section 18.06.430 and City policy, home occupations (businesses conducted
in and out of a residence or apartment) are defined and must comply with certain conditions, as follow:
18.06.430 Home occupation.
"Home occupation" means an occupation or profession which is customarily incident to or carried on in a dwelling place,
and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on by a
member of the family residing within the dwelling place; provided, that:
1. There shall be no change in the outside appearance of the surrounding residential development;
2. No home occupation shall be conducted in any accessory building;
3. Traffic generated by such home occupations shall not create a nuisance;
4. No equipment or process shall be used in such home occupation which creates noise, vibration,
glare, fumes, odor, or electrical interference detectable to the normal senses off the lot;
5. The business involves no more than one person who is not a resident of the dwelling; and
6. An off - street parking space shall be made available for any non - resident employee.
The above conditions are interpreted to mean at a minimum that
• Employees do not come to the property on a daily or weekly basis.
• No more than one work car will be parked on or near the property at any one time.
• Outside storage of materials will not occur.
• Customers do not come to the premise (with the exception of daycares).
The business operator visits customers at their location.
• The interior of the premises appears primarily to be a residence.
As the operator of the home -based business it is necessary for you to sign below, thereby attesting that you have read
the above and agree to these conditions throughout the lifetime of the business conducted at the specked address. I
Date
Signature
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Print Name
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Title /Position
(for new building owners or ,se
planning to sell a building in Tukwila)
Business Name and Address:
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TITLE 18 — ZONING
18.06.454 Internet Data/Telecommunication Center
"Internet data /telecommunication center" means a
secure, climate - controlled facility with emergency
backup power that contains internet data transmission
and switching equipment and /or telecommunication
transmission and switching equipment. This equip-
ment may include computer network routers,
switches and servers for one or more companies.
(Ord. 1974 §1, 2001)
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
18.06.450 Infrastructure
"Infrastructure" means the basic installations and
facilities on which the continuance and growth of a
community depend, such as roads, public buildings,
schools, parks, transportation, water, sewer, surface
water and communication systems.
(Ord. 1758 §1(part), 1995)
18.06.453 Integrated Site
"Integrated site" means a commercial or industrial
zoned property for which a Binding Site
Plan is being or has been approved and recorded. The
site typically contains within it multiple tracts of land
under separate leasehold or ownership, but functions
as a single center. Characteristics of an integrated site
includes commonly shared access, parking, utilities,
signage and landscaping; the site is not bisected by a
public or private street; and zoning and sign regulations
are applied to the entire site, as if there were no interior
property lines.
(Ord. 1834 §2(part), 1998)
18.06.455 Isolated Wetlands
"Isolated wetlands" means those wetlands which:
1. Are outside of and not contiguous to any
lake, river or stream, in accordance with current State
and federal regulations; and
2. Have no contiguous hydric soil and hy-
drophytic vegetation between the wetland and any
regulated surface water.
(Ord. 1758 §1(part), 1995)
18.06.460 Junk Yard
"Junk yard" means a lot, land or structure, or part
thereof, used for the collection, storage and sale of
waste paper, rags, scrap metal or discarded material; or
for the collecting, dismantling, storage, salvaging and
sale of parts of machinery or vehicles not in running
condition.
(Ord. 1758 §1(part), 1995)
18.06.465 Kennel
"Kennel" means a place where four or more dogs
or cats or any combination thereof are kept.
(Ord. 1758 §1(part), 1995)
18.06.470 Laboratory, Medical and Dental
"Medical or dental laboratory" means premises
devoted to sample testing or product development in
any branch of medicine or dentistry, including the
application of scientific principles in testing, analysis, or
preparation of drugs, chemicals or other products or
substances but specifically excluding the commercial
manufacturing or storage and distribution operations in
excess of 20,000 square feet of floor area.
(Ord. 1758 §1(part), 1995)
18.06.473 Land Surveyor
"Land surveyor" means an individual registered in
accordance with the provisions of RCW 18.43 and
licensed to perform land surveys in the State of
Washington.
(Ord. 1834 §2(part), 1998)
18.06.475 Land - Altering Activity
"Land- altering activity" means any activity that
resu'` " - atural cover or topography, as
defii nd Altering.
(Ord. 1758 §1(part), 1995)
ATTACHMENT D
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October 27, 2003
Eric T. Bendfelt, Owner
Club -Dog Daycare
13301 - 56 Ave S
Tukwila, WA 98178
Dear Mr. Bendfelt:
City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M. Mullet, Mayor
VIA CERTIFIED MAIL
7002 2410 0004 6341 2765
Return Receipt Requested
RE: NOTICE OF DENIAL — 2003 Business License - Club -Dog Daycare
This letter will serve as a Notice of Denial that your application for a 2003 Tukwila
business license has been denied under Tukwila Municipal Code 5.04.110 Denial -
Revocation; A.2. - The building, structure, equipment, operation or location of the
business for which the license was issued does not comply with the requirements or
standards of the Tukwila Municipal Code.
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The Department of Community Development has reviewed your business license
application for your proposed home -based business at 13301- 56 Ave South and cannot �" z
approve the location of the business for the following reasons: U)
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❖ The proposed use is considered an animal kennel. Your home/business is located
in a Low Density Residential (LDR) zone. Animal kennels are not allowed in the
LDR zone.
• The proposed use cannot meet the definition of a home occupation. Tukwila
Municipal Code 18.06.430 defines "home occupation" to mean an occupation or
profession which is customarily incident to or carried on in a dwelling place, and
not one in which the use of the premises as a dwelling place is largely incidental
to the occupation carried on by a member of the family residing within the
dwelling place; provided that:
a. There shall be no change in the outside appearance of the
surrounding residential development;
b. No home occupation shall be conducted in any accessory
buildings;
c. Traffic generated by such home occupations shall not create a
nuisance;
d. No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odor, or electrical
interference detectable to the normal senses off the lot;
Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.ua
nyncMr'"*Rx'Sr.PA.
ATTACHMENT G
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Eric Bendfelt
October 27, 2003
Page 2
Sincerely,
e E. Cantu, CMC
ity Clerk
Enc: TMC 18.06.430 (copy)
C:
e. The business involves no more than one person who is not a
resident of the dwelling; and
f. An offstreet parking space shall be made available for any non-
resident employee.
Your proposed use cannot meet Conditions one, two, three, and four of TMC 18.06.430
(copy attached).
• Condition #1: The presence of a large number of dogs on the property
would alter the appearance of the residential development.
• Condition #2: The use of accessory facilities, i.,e., heated and air - conditioned
facilities and kennels violates Condition #1.
• Condition #3: The number of dogs you propose to have at the site (12) would
generate 24 trips per day and would be considered a nuisance.
❖ Condition #4: Noise associated with the proposed use would include, but would
not be limited to, barking dogs and voice commands from the
business operators.
As a result of DCD's findings, your 2003 business license is denied.
You are hereby advised that it is illegal to conduct business in the City of Tukwila
without a current business license.
You may appeal this Notice of Denial to the Hearing Officer, provided that the appeal is
made in writing and filed with the City Clerk within ten (10) days from the date of receipt
of the Notice of Denial. The appeal must specify the particular reason(s) upon which the
appeal is based. Failure to appeal within this time period shall constitute a waiver of all
rights to any additional administrative hearing or determination on the matter (Tukwila
Municipal Code 5.04.110(B).
B. Miles, DCD
S. Kerslake, City Attorney
K. Stetson, Code Enforcement Officer
File
TUKWILA MUNICIPAL CODL
18.06.365 Grade
"Grade" (adjacent ground elevation) means the
lowest point of elevation of the finished surface of the
ground between the exterior wall of a building and a
point five feet distant from said wall, or the lowest
point of elevation of the finished surface of the ground
between the exterior wall of a building and the
property line, if it is less than five feet distant from said
wall. In case walls are parallel to and within five feet
of a public sidewalk, alley, or other public way, the
grade shall be the elevation of the sidewalk, alley or
public way.
18.06.370 Grading
"Grading" means any excavating, filling, clearing,
or the creation of impervious surface, or any com-
bination thereof, which alters the existing surface of
the earth.
18.06.380 Groundcover
"Groundcover" means trees, shrubs and any other
plants or natural vegetation which covers or shades in
whole or in part the earth's surface.
(Ord. 1758 §1(part), 1995)
18.06.385 Hazardous Substance
"Hazardous substance" means any liquid, solid, gas
or sludge, including any material, substance, product,
commodity or waste, regardless of quantity, that
exhibits any of the characteristics or criteria of
hazardous waste as defined by WAC 173 -303.
(Ord. 1758 §1(part), 1995)
18.06.390 Hazardous Substance Processing or
Handling
"Hazardous substance processing or handling"
means the use, storage, manufacture, production, or
other land use activity involving hazardous substances.
Hazardous substances processing and handling activi-
ties do not include individually packaged household
consumer products or quantities of hazardous sub-
stances of less than five gallons in volume per
container.
18.06.400 Hazardous
"Hazardous waste"
as defined in this defini
hazardous waste as defi
Page 18 -12
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
18.06.395 Hazardous Tree
"Hazardous tree" means a tree with a structural
defect or disease, or which impedes safe vision or
traffic flow, or otherwise currently poses a threat to life
or property.
- y, 1995)
ATTACHMENT p ill waste
xtremely
:hapter.
(Ord. 17)6 sit/Jet), 1995)
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18.06.405 Hazardous Waste Storage
"Hazardous waste storage" means the holding of
hazardous waste for a temporary period. Accumulation
of waste on the site of generation is not storage as long
as the storage complies with applicable requirements of
WAC 173 -303.
(Ord. 1758 §1(part), 1995)
18.06.410 Hazardous Waste Treatment
"Hazardous waste treatment" means the physical,
chemical, or biological processing of dangerous waste to
make such wastes nondangerous or less dangerous,
safer for transport, or amenable for energy or material
resource recovery.
(Ord. 1758 §1(part), 1995)
18.06.415 Hazardous Waste Treatment and
Storage Facility, Off-Site
"Off -site hazardous waste treatment and storage
facility" means the treatment and storage of hazardous
wastes from generators on properties other than that on
which the off -site facility is located.
(Ord. 1758 §1(part), 1995)
18.06.420 Hazardous Waste Treatment and
Storage Facility, On -Site
"On -site hazardous waste treatment and storage
facility" means the treatment and storage of hazardous
wastes generated on the same site.
(Ord. 1758 §1(part), 1995)
18.06.425 High Impact Environment
"High impact environment" means the area
between the low- impact environment and a point 200
feet landward from the mean high water mark.
(Ord. 1758 §1(part), 1995)
18.06.430 Home Occupation
"Home occupation" means an occupation or pro-
fession which is customarily incident to or carried on
in a dwelling place, and not one in which the use of
the premises as a dwelling place is largely incidental to
the occupation carried on by a resident of the dwelling
place; provided, that:
1. There shall be no change in the outside
appearance of the surrounding residential develop-
ment;
2. No home occupation shall be conducted in
any accessory building;
3. Traffic generated by such home occupa-
tions shall not create a nuisance;
4. No equipment or process shall be used in
such home occupation which creates noise, vibration,
glare, fumes, odor, or electrical interference detectable
to the normal senses off the lot;
5. The business involves no more than one
person who is not a resident of the dwelling; and
Printed January 2, 2003
Club Dog-Daycare
My name is Eric Bendfelt. I have been a resident of
Tukwila for the past 10 plus years. My wife, Julia and I
reside at 13301 56 Ave S. Tukwila, with our 2
Weimaraners Chase & Brooks. We have a little over an
acre and a half of land there. Up until recently I was in
Property Management for 7 years. Six of those were
managing the Foster Greens Apartments on
Interurban Avenue South, here in Tukwila.
My wife has been a Police Officer for the Port of Seattle
police department for 4 years. Just recently I have been
elected the new Vice President of our Western Washington
Weimaraner club. My wife and I have been dog
lovers /owners for most of our lives. This is how the doggie
daycare idea came to fruition.
The vision of our daycare would be to exercise & supervise
spayed & neutered dogs from the hours of 6:30am- 6:30pm
Monday- Friday. Giving dogs the attention, love and
affection they need while their owners are at work and
returning a tired dog to them at the end of the day.
1
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cy rAtd eLt.,
•■■• •■■•••
NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR tHAN
THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT.
October, 28, 2003
Jane Cantu
City of Tukwila
6200 Southcenter Blvd.
Tukwila,WA 98168
Please notify me of my upcoming hearing dates and time.
RE: NOTICE TO APPEAL DENIAL OF BUSINESS LICENSE
Dear Ms. Cantu & City of Tukwila,
Warmest re ands,
Eric Bendfelt
RECEIVED
OCT 3 0 MS
CITY OF TUKWILA
CITY CLERK
I am writing this letter within the ten (10) days given for appealing the decision of having
a home -based business.
Reasons for appealing is this business would fall under the guidelines given for a home -
based business. We would be in- compliance as it states in "Home Occupation"
As Mr. Lancaster stated in a phone conversation on 10/26/03 there is such a large gray
area for this type of business it is not cut and dry. That is why he considered it a kennel. It
was the closest thing it resembled. It seems like it is trying to fit a square peg in a round
hole though.
My proposal can also meet the Conditions made aware of in the `Notice of Denial" letter:
Condition #1. The presence of dogs would NOT alter the
residential appearance. If anyone from the City bothered to come
out and take a look they would be more informed.
Condition #2. With my new updated proposal along with the
notification to Mr. Miles that no kennels will be involved and that
there will be no accessory building, that negates Condition #2
Condition #3. It is nowhere outlined in the Municipal codes that
traffic can be considered a nuisance.
Condition #4. Is preposterous. Now there is a violation for voice
commands on your own property? It also assumes there would be
excessive barking. There are new citronella de- barking collars that
would handle any minimal barking if that was the case.
ATTACHMENT H
Brandon Miles - Zoning ?
From: "Eric Bendfelt" <chase297 @comcast.net>
To: "B Miles" <bmiles @ci.tukwila.wa.us>
Date: 3/17/04 10:30PM
Subject: Zoning ?
Hi Brandon, Sorry to bother you. I rec'd the zoning map Wed. Thank you very much for sending that out. I
know that you mentioned where a dog daycare could be located but could you let me in on those again?
Thanks Eric
PS. When I attempt to get city council to ammend the TUC zoning for a daycare what type of wording
would I use that would be able to ammend the TUC ?
NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR 'MAN
THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT.
Brandon Milos - Re Zonirig info ,.�
From: Brandon Miles
To: Eric Bendfelt
Date: 3/16/04 12:32PM
Subject: Re: Zoning info
Eric,
I put the map in the mail on Monday. We do have a copy of the map on our website,
(www.ci.tukwila.wa.us) but it is just a scanned image and is not easy to read. The zoning of the old
Family Dog site is Tukwila Urban Center. In order for the use to be allowed it would require a text
amendment to the zoning code. This would have to be approved by the City Council.
Hope that helps,
Brandon J. Miles
Assistant Planner
»> "Eric Bendfelt" <chase297 @comcast.net> 03/15/04 11:48AM »>
Hello Brandon,
You mentioned that you would send me a map of areas where a facility like dog daycare could be
permitted. I have not rec'd that yet. Is there a link you could send me? What would it take to be permitted
in that area I mentioned where the old Family dog was?
Thanks for your help,
Eric
CC: Lancaster, Steve
Page 1_,l
•
Brandon Miles - Re Another Zoning ? .Page 1'I
I
From: "Eric Bendfelt" <chase297 @comcast.net>
To: "Brandon Miles" <bmiles @ci.tukwila.wa.us>
Date: 3/8/04 9:18AM
Subject: Re: Another Zoning ?
Thanks Brandon.
Original Message
From: "Brandon Miles" <bmiles @ci.tukwila.wa.us>
To: <chase297 @comcast.net>
Cc: "Steve Lancaster" <slancaster@ci.tukwila.wa.us>
Sent: Monday, March 08, 2004 9:00 AM
Subject: Re: Another Zoning ?
Eric,
A dog kennel would be permitted in the following zones, subject to approval
of a conditional use permit, Regional Commercial, Regional Commercial
Mixed -Use, Commercial /Light Industrial, Light Industrial, Heavy Industrial,
and Tukwila Valley South.
I will send you a zoning map showing where these zones are located.
Sincerely,
Brandon J. Miles
Assistant Planner
City of Tukwila
»> "Eric Bendfelt" <chase297 @comcast.net> 03/07/04 10:05AM »>
Hi Brandon,
Thanks for getting back with me regarding the zoning. Could you tell me
where in Tukwila a business like mine would be a permitted use. I've tried 3
different locations now and cannot find a favorable one. Thanks again,
Eric Bendfelt
Original Message
From: "Brandon Miles" <bmiles @ci.tukwila.wa.us>
To: <chase297 @comcast.net>
Cc: "Jack Pace" <jpace @ci.tukwila.wa.us >; "Nora GierlofF'
<ngierloff @ci.tukwila.wa.us >; "Steve Lancaster"
<slancaster @ci.tukwila.wa.us>
Sent: Thursday, March 04, 2004 2:32 PM
Subject: Re: Zoning Question
Eric,
The property at 15616 West Valley Highway is zoned Tukwila Urban Center
(TUC). Under the TUC zoning, a dog kennel would not be permitted. "Family
Dog" established thier operation in 1994, when the zoning was Light
Industrial. At the time, Light Industrial zoning permitted "pet shops
totally enclosed within a building ". Yet, the boarding operation was not a
permitted use and the City investigated an alleged kennel operation in 1999.
Sincerely,
Brandon J. Miles
Zill ;,i'it,^.:f.3w5:ii?f
,Brandon_Miles,- Re :,AnotherZoni_ng ?
Eric
Assistant Planner
»> "Eric Bendfelt" <chase297 @comcast.net> 03/04/04 09:38AM »>
Hi Brandon,
Eric Bendfelt here. There is a piece of property located at 15616 West
Valley Highway. It used to house a company called "Family dog ", where they
used to train and board dogs there. Could you tell me what this is zoned and
could it be used for a kennel? Would I need a conditional use permit for
that location?
Thanks,
Page 2;1
,6,&atnn ‘
Communityland Parks Committee Agenda
Tuesday, March 9, 2004
5:00 pm
Agenda Item
1. "Doggie Day Care" (S. Lancaster)
2. Potential Park Expansion B.
Fletcher)
3. Park Update (B. Fletcher)
Action
Review and make recommendation to 1
full Council. (Please bring notebook
to meeting.)
Discuss and make recommendation to 3
full Council.
Information (nothing in agenda
packet).
Pam Linder, Chair
Joe Duffle
Dave Fenton
Page
The City of Tukwila strives to accommodate persons with disabilities. Please call Lucy
Lauterbach at 206 - 433 -1834 if you need special accommodations.
�a......e:�:J: - 1+t4f. ^ x.:�4i..1:�.'F:L�u$.:... ,..��'Lu1'�".k `w.':::1•
City of Tukwila
Department of Community Development Steve Lancaster, Director
MEMO:
TO:
FROM: Steve Lancaster, Director
DATE: March 3, 2004
RE: Eric Bendfelt
Community Affairs and Park Committee
Introduction
At the February 23, 2004 meeting, Eric Bendfelt a citizen who resides at 13301 56 Avenue South,
made a brief presentation to the City Council regarding his desire to operate a "doggie daycare" at
his residence. The following is an overview of the some of the events prior to his presentation.
Background
On October 8, 2003 the City Clerk's Office received a business license application from Eric
Bendfelt, to operate a "doggie daycare" at 13301 56 Avenue South. The property is zoned Low
Density Residential (LDR). The business license application was routed to other City Departments
and on October 27, 2003 the City Clerk denied the application after receiving a recommendation
from the Department of Community Development (DCD).
Under Tukwila Municipal Code (TMC) 18.06.465 the proposed business would have been
considered a kennel. A kennel is defined as, "...as a place where four or more dogs or cats or any
combination of thereof are kept ".
Kennels are permitted in the following zones, only with an approved conditional use permit;
Regional Commercial, Regional Commercial Mixed Use, Commercial /Light Industrial, Light
Industrial, Heavy Industrial, and Tukwila Valley South. Kennels are not permitted in the LDR
Zone.
Additionally, staff determined the proposed "doggie day care"could not be permitted as a home
occupation. In order to operate any business within the LDR zone the business must meet the
standards of approval laid out in TMC 18.06.430 (Home Occupations), including no noise
detectable off the lot, not conducted in an accessory building and no customer generated traffic.
The applicant appealed the City's decision and the matter went before the Hearing Examiner on
December 2, 2003. On January 12, 2004, the Hearing Examiner affirmed the City's decision.
Subsequently, Mr. Bendfelt applied for a business license application for a veterinary clinic at his
residence. The application was denied because the proposed use would not have met the zoning
code.
Steven M. Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206 - 431 -3665
ti,R;e- ,.r, , =.x+�rrrwan^rrn�M ^ - _ ire .!� - rnS...f`;F?'�'G!b
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City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M. Mullet, Mayor
MEMORANDUM
TO: Mayor Mullet
Community Affairs and Parks Committee
FROM: Bruce Fletcher, Director of Parks and Recreation
DATE: March 4, 2004
SUBJECT: Potential Park Expansion
I was recently contacted by landowner Todd Hiestuman who wanted to know if the City
is interested in purchasing property on the Duwamish River for park opportunities. Mr.
Hiestuman owns property on 56 Avenue South, and South 133 "I Street in Tukwila.
Mr. Hiestuman's river front property line sits next to the 57 Ave Mini Park on 13300
57 Ave S. The small pocket park is located on the Duwamish River with a bench for
riverfront viewing. The park is across the river from the Foster Golf Course first fairway.
I informed Mr. Hiestuman that a park expansion to the 57th Ave Mini Park has some
interesting possibilities and meets our needs by providing riverfront recreational access.
Currently the City owns other river front lots on Pamela Drive just upstream from the
subject property.
Mr. Hiestuman wanted to address the City Council to further discuss the potential offer. I
informed him that the City currently has no acquisition fiends available, but invited him to
the next Community Affairs and Parks Committee. He was very thankful for the
invitation and will be attending the March 9 CAP meeting.
Cc: Rhonda Berry, City Administrator
Phone: 206 - 433 -1800 • City Nall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us
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Community and Parks Committee
March 9, 2004
Present: Pam Linder, Chair; Joan Hernandez, Dennis Robertson
Rhonda Berry, Steve Lancaster, Brandon Miles, Bruce Fletcher, Tim Carpentier,
Bret Owner, Randy Higgins, Randy Engler, Lucy Lauterbach; Todd Heistuman, Eric
Reinhardt, citizens Joanne McManus, Margaret and Charles Bratcher, Eric Bendfelt,
Elda Mercado, Steven Bray
1. Potential Park Expansion Eric Reinhardt is an architect who spoke on behalf of contractor
Todd Heistuman. They are planning a short plat of land on Foster Point that can hold eight homes
once sewers are put in. They proposed selling some of their riverfront property to the City. Their
property is next to the mini -park on 57 on Foster Point. They are willing to sell two properties they
could site homes on, at a total of 13,000- 15,000 square feet. They thought it would be a benefit to
the community and to the river. Joan raised the question of whether the riverbank was stable there.
That will be researched, as well as if property nearby had been bought or donated. Eric's rough
guess on the cost of the property was $160,000- 200,000. Research issue and reschedule.
2. Doggie Day Care Eric Bendfelt had applied for a home business dog day care, and was denied
a business license. He appealed the City's ruling to the hearing examiner, who denied his appeal.
Joan asked if the next step would be an appeal to the King County Superior Court, and Steve
Lancaster replied it would be. Pam complimented Eric on how well his information had been
presented in a notebook. She said dog care places are needed, but that they did not fit in a residential
neighborhood. Even if Eric were a diligent business person, others who would also be allowed the
same usage might not be, and changing the code would leave the City open to less responsible
businesses of a similar type.
Eric replied that he has the largest property piece on Foster Point, and the dog yard would be 60
yards from the street. He said he could prevent noise from his business, and that it wouldn't be an
issue because of the present very high level of noise. When his request was initially denied he
applied for a veterinary license since he could have had a visiting veterinarian at his dog day care to
qualify for that. He was denied a business license because in a low density residential area a vet's
office must have access to an arterial. Eric said since he is .2 miles from Interurban he should
qualify as having that access. He said his proposal is unique, and that Pam McClaren had said she
could close his business if there were enough complaints about it.
Joanne asked how Ms. McClaren could approve of this business without talking to the neighbors.
Dennis remembered the original request for a veterinary clinic on Macadam Road, and the solution
put into the zoning code was to require inside kennels and access to an arterial road. He explained
that if the City changed the code to allow outside dog day care centers in residential areas, it would
apply city -wide, and could cause problems in other areas. Dennis said he thought it was city's
neighborhoods that were the most threatened in quality of life issues in Tukwila. Addressing
turnover in residents is a major problem, he said. Anything like dog day care in neighborhoods
would threaten the tranquility of those areas, and lead to less desirable living situations for many.
Dennis did say he thought Eric would be a responsible dog care business owner.
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Pam also pointed out that if Eric sold his business after a few years there could be trouble from the
next person not as responsible as Eric is. She also thought density in the neighborhood might
increase once sewers go in.
Eric said his business is not truly a kennel, but it isn't otherwise addressed in the code. Steve
Lancaster said it was true the business is not directly addressed in the Tukwila code. Kennels are
allowed in RC, RC /MU, C /LI, LI, HI and TVS as conditional uses. Eric said he couldn't afford a
conditional use permit. Dennis proposed that the City look at the issue of allowing dog day care
centers. He asked Steve if it was an easy issue, and Steve said it's not hard, but it takes time. Steve
said since it is not scheduled something else would have to be dropped to do it.
Joanne said she has lived on Foster Point for 28 years, and she hears barking dogs all the time. Joan
said though it is a needed business, Tukwila is a small city, and there may not be enough space to
site a dog day care outdoors in any neighborhood without bothering someone. Steve Bray said there
are code enforcement issues such as large equipment being stored in yards. Eric said dogs don't
bark when they're together, but Pam pointed out that with three dogs on both sides of him, those six
dogs would bark.
The Committee was united in recommending that dog day care businesses did not fit into low -
density residential areas. Dennis asked what the cost would be to look at adding that business to the
code, but the others were doubtful it could be done this year. They agreed that no direction would
be given to DCD to do anything on this issue unless the rest of the Council agreed to pursue this in
2004. Recommend decision to Council.
3. Park Report The staff responsible for maintaining the park system were present. Six workers
cover a multitude of park spaces including all the parks, the Green River Trail, Interurban Trail, and
Fort Dent. Asked about upkeep at Cascade View Park, they said it is less a problem than they
thought so far, though trash will increase once spring and summer weather come. They have heard
that the kids now hanging out at the library will hang out at Cascade View in summer, which could
add police patrols there. Fort Dent is already busy, and maintaining the parking lot is a chore. Tim
said Parks has worked with the security company that has worked with them for many years
(locking gates and providing extra security when asked), and they have proposed the City hire the
one guy who works for the security company who does the Tukwila work. Rhonda suggested the
Pac Highway citizen patrol work on patrolling Cascade View Park. Staff is also working with
Rabanco on the garbage issue there, and may have larger containers or more frequent pickups.
Dennis asked if school community service kids could adopt the park or monitor it.
At Crystal Springs Park in McMicken Heights some people are nervous about not being able to see
some lawn over some rather high ground cover. Randy said the problem is twofold: the shrubs have
grown, and also the land slopes steeply away from the parking lot, making it hard to see even if the
ground cover was cut. Dennis said he thought some neighbors would help tear out some vegetation
if needed. The ultimate solution would be to fill that slope, but it would take a lot of dirt to do so.
Pam suggested some lower growing edging plants that could substitute for the Oregon grape that's
grown so high. Joan asked when play equipment at Tukwila park would be fixed, and Bruce said he
thought the parts were on order. The Tukwila Parks system is good because everyone works
together to make it good. Dennis asked for a map of all the paths that lead to the river.
Information.
' Committee chair approval
(King County 12 -2002)
11.04.020 ANIMAL CONTROL
J. "Harbored, kept or maintained" means performing any of the acts of providing care, shelter,
protection, refuge, food or nourishment in such 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.
K. "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 allowed in K.C.C. Title 21A.
L. "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,
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 allowed
in K.C.C. Title 21A.
M. "Juvenile" means any dog or cat, altered or unaltered, that is under the age of six months.
N:. "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.
SAn'adulf "dogis one of sex; altered or unaltered that has reached the age of six months.,:,..
O. "Livestock" has the same meaning as in K.C.C. 21A.06.695.
P. "Owner" means any person having an interest in or right of possession to an animal or any
person having control, custody or possession of any animal, or by reason of the animal being seen residing
consistently at a location, shall be presumed to be the owner.
Q. "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.
R. "Person" means any individual, partnership, firm, joint stock company, corporation, association,
trust, estate or other legal entity.
S. "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.
T. "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 offers to sell or rent the live animals to the public
or to retail outlets.
U. "Private animal placement permit - individual" means a permit issued to persons engaged in
fostering dogs and cats who meet certain requirements to allow the persons to possess more dogs and cats
than is specified in K.C.C. Title 21A. Persons holding an individual private animal placement permit and
fostering dogs and cats must locate an adoptive home for a dog or cat within six months of acquisition of the
dog or cat.
V. "Private animal placement permit - organizational" means permits issued to organizations
engaged in fostering dogs and cats, the organizations having first met certain requirements. These
organizations may distribute these permits to individuals who will foster the dogs and cats in their homes.
The permits will allow the individuals to possess more dogs and cats than is specified in K.C.C. Title 21A.
The organizations must be approved by the director, and their permit holders must locate an adoptive home
for a dog or cat within six months of acquisition of the dog or cat.
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.
11-6
(King County 12 -2002)
ANIMAL 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.C. 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 the act of, or 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. 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).
11.04.030 Pet licenses required.
A. LICENSE REQUIREMENTS. All dogs and cats eight weeks and over which are harbored,
kept or maintained in King County shall be licensed and registered annually.
B. LICENSE ISSUANCE. Pet licenses shall be issued by the animal control section and may be
issued by veterinarians, pet shops, catteries, and kennels and other approved locations upon application
and the payment of a license fee made payable to the department of finance according to the schedule
provided in K.C.C. 11.04.035 of this chapter:
1. Pet licenses for unaltered dogs and cats will be valid for a term of one year from the date of
issuance, expiring on the last day of the twelfth month. Pet licenses for altered dogs and cats will be valid
for one year, expiring on the last day of the twelfth month. There is no proration of any license fees.
Renewal licenses will retain the original expiration period whether renewed prior to, on, or after their
respective renewal month.
2. Juvenile licenses must be obtained for pets from eight weeks to six months of age.
3. King County residents sixty-five years of age or older may purchase a special permanent
license for the lifetime of cats or dogs which are neutered or spayed and for which they are the registered
owners when said animals are maintained at said owner's registered address. Such residents shall not
be required to annually purchase a new license for the lifetime of such licensed animals; provided, that no
person shall be issued more than three (3) special permanent animal licenses for any combination of
three (3) cats and dogs for which they are the registered owner.
4. Applications for a pet license shall be on forms provided by the animal control section.
II. LICENSING
11 -7
9. This office does sympathize with the appellant's plight that the proposed use is not specifically
identified and permitted by the Tukwila Code. This office also recognizes that such a service might be
useful or that it even might not prove detrimental to the neighborhood. But such sympathy should not
override code provisions that clearly define this use as a kennel, that limit the uses that may be
established as a right in the LDR Zone and that limit what uses may be established as home
occupations in the LDR Zone. There is a way to establish such a use in this zone. That way is by a
code amendment carefully reviewed and adopted by. the City Council. An administrative appeal which
wiggles around to create exceptions to code or seeks loose interpretations of code is not the way to
permit this use.
NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR1HAN
THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT.
City of Tukwila
6200 Southcenter Boulevar
Tukwila, WA 98188 -2599
\\'i \tl\\\\\ \\\t\\ 111
7002 2410 0004 6341 4264
SENDS
Eric T.
Club -Dog Animal veL
13301 — 56 Ave S
Tukwila, WA 98178
D O RW LEFT NO ADDRESS
A ARDING ORDER EXPIRED
TTEMPTED-NOT KNOWN
NCLAIMED ❑ REFUSED
O SUCH EE
D NO SUCH ,-,-- .
D INSUFFIC DR
0
NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN
THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT.
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7Q90823 U.S. POST
CITIZEN COMMENT
Eric Bendfelt
CITY OF TUKWILA
OFFICE OF THE CITY CLERK
6200 SOUTHCENTER BOULEVARD
TUKWILA, WA 98188
206.433.1800
Verbatim Transcript of Proceedings
City Council Committee of the Whole
February 23, 2004
Agenda Item 2
Let it be remembered that the following CITIZEN COMMENT was received by
the City Council for the City of Tukwila, on Monday, February 23, 2004, at 7:00 p.m.,
Council Chambers, City Hall, 6200 Southcenter Boulevard, Tukwila, Washington.
day of , 2004.
6
I, Robert H. Baker, am a Certified Municipal Clerk, serving in the capacity of
Deputy City Clerk for the City of Tukwila. I affirm personal preparation of the attached
transcript of proceedings and further affirm it to be complete, exact and true, to the best
of my abilities, based upon transcription from audio recordings from the afore-
mentioned meeting.
DATED this
akk_. . ►, • it
Robert H. Baker, CMC,
Deputy City Clerk
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
206.433.1800
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CITY OF TUKWILA
OFFICE OF THE CITY CLERK
Index to Verbatim Transcript of Proceedings
City Council Committee of Whole Meeting — February 23, 2004
Agenda Item 2 — Citizen Comment/Correspondence
of Eric Bendfelt
11111 END ///// ///// INDEX /////
Verbatim Transcript — Citizen Comment — Eric Bendfelt - February 23, 2004
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Eric Bendfelt:
My name is Eric Bendfelt and I live at 13301 — 56
Avenue South in Tukwila. This is my wife, Julia, who, uh,
resides at the same place that I do. Uh, first off, I'd like to
uh, say thank you to Mayor Mullet and the Council for
awarding me this opportunity to, uh, speak in
such a forum. Kinda the rundown that I have, urn, my story
is such that six months ago I applied for a home occupation
business license from the City of Tukwila to open up a
daycare facility. Then my wife Julia and I reside at Foster
Point which is uh, zoned low density residential, where a
daycare is an acceptable home occupation business.
There's no disputing that, that you can have an adult
daycare and /or a child daycare down in that, uh, down in that
area. And even though it might create a little extra traffic
from a daycare, urn, extra traffic is not considered a
nuisance for picking up or dropping off kids unless the
cars are, uh, blocking streets, disruptive speeding, honking,
burning out loud music etcetera. So, again, mind you that
daycare facility is well in the guidelines of a home occupation
business in low density residential. My proposal to the City
in which I was denied has a slight twist and you guys can
kinda see what it is from the cover of that. Uh, instead of
only a child or adult day care, my business would be for
babysitting dogs. Uh, having the same hours as a child
daycare, uh, Monday through Friday, 7:00 a.m. to 7:00 p.m..
Verbatim Transcript — Citizen Comment — Eric Bendfelt - February 23, 2004
Page 3 of 12
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Uh, one hundred percent of this business will be in my
eighteen thousand square feet, uh, back yard that I have,
that also separates, uh, has a twenty -five -foot cabin barrier
that separates, uh, all that, uh, back yard from the street and
from my front yard. And, my cabins that divide my property
are actually sixty yards from 56 Avenue South, or what
we're off of. And I mention that I was denied by the City
mainly because there's not a municipal code in the City of
Tukwila set up for such a, uh, daycare, uh, such as this and
I've talked to several people from, uh, from the City of
Tukwila, includin' uh, Mr. Lancaster, and I had a
conversation with him, urn, on September 29, approximately
9:17 in the morning, and I spoke with him regarding this and
he mentioned to me that it was denied because there's such
a large gray area regarding a doggy daycare that we pretty
much have to, uh, shoehorn it into a kennel. O.K. So, there
wasn't a lot of, uh, maneuvering regarding that, but the
kennels, since it had to do with animals, was the closest
thing he could fit it in. Placing a square peg in a round hole
mentality. We really didn't have anything out there, so we're
basically just kinda, shoved into, in, into a kennel. But, urn,
received a letter from Ms. Cantu saying that I did, uh, that I
was able to, uh, appeal the denial from the City of Tukwila,
so we met with the hearing examiner a couple months after
that and he actually upheld the City's decision also. And,
Verbatim Transcript — Citizen Comment — Eric Bendfelt - February 23, 2004
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President Haggerton:
Mr. Bendfelt:
President Haggerton:
even though he did not agree with the decision of the City,
he was without any authority to actually change the
municipal code himself and he suggested that we bring it
before the City Council for your review to maybe amend and
update the Code so that is a process which, uh, basically
brings me to you fine folks. And, if I could, I know you've
kinda been thumbin' through this, but if we could start back
at the beginning a little bit, urn, the first, uh, item that we
have is a letter from Pam McLaren, who's with King County
Animal Control. She's been, uh, in the business for eighteen
years in this area and she said it would be a, uh, nice
business to have and it's desperately needed in City of
Tukwila. The next page is a, uh, basically, uh, uh, overview
of Foster Point. The one after that is a closer view of my
property and you can kinda see how it's laid out. It's actually
the,''uh, largest plot in the Ci -, or down in Foster Point,
maybe the City, but it's so unique that we have rental cabins
that divide the property and the property's actually about a
hundred and fifty yards long. And, this business would take
care, take urn, er, urn, a hundred percent in the back yard
and again, we're sixty feet from 56th Avenue South, or sixty
yards, I'm sorry.
Eric, can I interrupt for just a minute?
Certainly.
Pam Linder.
Verbatim Transcript — Citizen Comment — Eric Bendfelt - February 23, 2004
Page 5 of 12
1 Councilmember Linder: Urn, I appreciate and I don't think that I've ever had anyone
2 bring such a fine looking folder, but I, my offer would be
3 rather than to go through this, because we have at least a
4 dozen items on our agenda tonight, that we haven't started.
5 I would see if the Council is interested in putting this in
6 Community Affairs and Parks. We can discuss it with staff.
7 We will have an opportunity to look at this in all fairness.
8 Even if we go through this, certainly we can't give you an
9 answer tonight.
10 Mr. Bendfelt: Oh. I. Yeah. Yeah. I expected sixty to ninety days or so.
11 Councilmember Linder: If the Council is interested, we could do that and have a
12 much better idea. A different committee that you'd like to
13 send it to. Urn.
14 Councilmember Hernandez: I think we should let 'em make his presentation.
15 President Haggerton: Uh, in the essence of time, can you do it fairly quickly?
16 Mr. Bendfeit: Quickly? Sure.
17 President Haggerton: Because we do have a long agenda. I don't mean to rush
18 ya', and we really encourage people to come before us, but
19 it is a pretty packed agenda tonight. And, you'll be able to
20 attend the Community Affairs and Parks Committee if that's
21 the direction the Council wants it to go.
22 Councilmember Under: Two weeks from tomorrow at 5 o'clock.
23 President Haggerton: O.K. Briefly, uh, go through it real quick.
24 Eric Bendfelt: Well, I think the two main objectives that my neighbors or the
25 City might have is, is, noise, basically from barking dogs
Verbatim Transcript — Citizen Comment — Eric Bendfelt - February 23, 2004
Page 6 of 12
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supposedly. There's a couple reasons why dogs bark.
Because they're bored, they're hungry, they're confined,
they're protecting their property, they want out of their
confinement — that type of thing. But we have a railroad that
runs thirty trains a day, twenty -four hours a day. Uh, we
have two hundred and ninety thousand flights that take off
out of Boeing Field that, I'm not sure exactly how many of
those come over our uh, our house, but several hundred a
day it seems. I have 1 -5 in my back yard and these dogs will
be one hundred percent, uh, urn, watched, to, you know,
through the day, so they will be supervised. Uh, the other
one basically is our, our Club -Dog Daycare commission,
vision, values and our goals. We have a, uh, an application
there, and it does say on paragraph four, the facility reserves
the right to refuse service or business to any dog.
Constantly barking dogs may be, er, may not be re- admitted
at the facility's discretion. So, if we do have a barking dog
for some reason, he will not be invited back. And the
paragraph five says, remember this is a residential area and
we ask that you respect the twenty -five- mile -an -hour posted
speed limit. By not abiding by the speed limit, you will be
asked not to return. So, I know, you know, what the
concerns are going to be and I, I, really can sit down and
address these, uh, more in depth at this meeting, I hope.
Urn, all the, all the dogs and the owners will be interviewed.
Verbatim Transcript — Citizen Comment — Eric Bendfelt - February 23, 2004
Page 7 of 12
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And, then a lot of the other stuff is, uh, brochures and there
are some in the local area. They got one in Kent, Federal
Way, Burien, a couple in Seattle, there's nothing in this
immediate area. And, then, the other, just some letters, uh,
from my neighbors and also some signatures, uh, from
neighbors, on along both sides er, and throughout Foster
Point saying that they would not mind having that type of
business. I did get some objections, but, for the most part it
seems, uh, most of the neighbors wouldn't have a problem
with that. So, that's kind of it, in a nutshell and I'II definitely
love to go, uh, more in depth in this meeting, this upcoming
meeting.
President Haggerton: O.K.
Eric Bendfelt: So thank you very much for your time. Is there any
questions or concerns I might be able to address now?
President Haggerton: Is ifthe Council's pleasure to, uh, take this to, uh,
Community and Parks?
All: (individual comments inaudible — all spoke simultaneously)
President Haggerton: Announce the next committee meeting in case there's
people in the audience that may not be on this side.
Councilmember Linder: The next committee meeting is 5 o'clock, two weeks from
tomorrow, so, somebody with...the Ninth?
Alt: (individual comments inaudible — all spoke simultaneously —
— conflicts with NLC travel arrangements noted)
Councilmember Carter: Why don't we suggest that you, we've got his name
Verbatim Transcript — Citizen Comment — Eric Bendfelt - February 23, 2004
Page 8 of 12
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All:
Councilmember Linder:
All:
Councilmember Duffle:
Eric Bendfelt:
Councilmember Linder:
President Haggerton:
Councilmember Linder:
Councilmember Carter:
Councilmember Linder:
Councilmember Carter:
Councilmember Linder:
Eric Bendfelt:
President Haggerton:
Eric Bendfelt:
y aft 1R"y71USlYLgl=41'L"fK}�[7 'i'9'.'h}FTTr
and number and we'll contact you or you can contact us
when we decide closer to the date whether or not that
meeting will be postponed because we don't have enough...
(Simultaneous speaking - re: coverage at a meeting wherein
lack of a quorum may occur due to councilmember
attendance to the NLC Conference.)
If I can't get a volunteer, then we will wait. It'll be an
additional two weeks.
(Simultaneous speaking — )
No. I want to be there. I want my own meeting. I wanna
hear it for myself.
I'II be, I'II be in contact. O.K.
We'll let you know right away...
Thanks for coming before us.
...and we'll let these people in the audience and anybody
else'that's interested, you'll be invited also.
Just make sure...
And you all have to be good. No barking.
Just make sure you let the City know that you're interested in
coming.
Well, I think we'll get a bigger room. We will request a
bigger room, right now, just in case.
O.K. Sounds great.
O.K.
Thank you very much.
Verbatim Transcript — Citizen Comment — Eric Bendfelt - February 23, 2004
Page 9 of 12
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Councilmember Linder:
Councilmember Fenton:
President Haggerton:
Joanne McManus:
You bet.
Thanks, Eric.
Joanne.
Joanne McManus. 5610 South 133 Street.
I have lived there for twenty eight years. We, the residents
of T -, uh, Foster Point, do not want a day, doggy daycare. I
have twenty one signatures here. They're just on a little
sheet of paper that says we do not want it. We don't want to
open up our area for business. It is, uh, a residential area.
That's why we moved there. It was quiet. Residential.
When it got noisy with the cars going by, the over seven
thousand cars a day, we had the street closed. We do not
have sidewalks. We have children going back and forth to
school. I did not go to all the people who have dogs. In
those three houses on either side of Eric and Eric's house,
there are eight dogs and two, three or four cats, I'm not sure
Uh, I went for a walk the other night and I counted the dogs
that we have on Foster Point. We have at least forty -five
dogs on that little point. We don't need any more. We don't
need the traffic. We don't need any more barking. We have
barking all day long next door to Eric's. He's very good with
his dogs, I will say that. And they are very good neighbors.
But I have the signatures of twenty one people here, three of
'em I did not even contact from the back street because I
didn't feel we should contact 'em. But three people came to
Verbatim Transcript — Citizen Comment — Eric Bendfelt - February 23, 2004
Page 10 of 12
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my door and asked to sign this. I have talked to people that
have lived in our neighborhood a lot longer than I have, urn,
one of 'em was living there when they, uh, dedicated the first
bridge that collapsed and we have decided we do not want
the barking. He has a plan for picking up the doggy
leavings, but what about the urine? Twenty five feet from
the river. What is the limit that you can animals next to the
river? You remember when the river, uh, gets pretty full,
how it goes up into some of the yards? That's another
consideration. The odor, the barking dogs and you can't
keep dogs quiet. I don't care if you're out there or not, they
get excited. They bark. We don't want it. We have one lady
that had talked about, she wanted to open a dog kennel.
The warehouse behind us, when it burned, they told the
people that bought the property and other people that were
looking at it, that they could not have a business there. It
is residential and that's what we want it to stay. Another
gentleman that I talked to that signed the position, he says
well, it doesn't, uh, effect me. He has two dogs plus he
wants to open his own business, uh, an automotive repair
shop. He wants to build a garage and do that. So I just
want to say please no.
Councilmember Linder: Jim.
President Haggerton: Yes, Pam.
Councilmember Linder: I have heard from a few of the neighbors already and I
Verbatim Transcript — Citizen Comment — Eric Bendfelt - February 23, 2004
Page 11 of 12
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certainly appreciate your concerns. In all fairness to them, I
want the opportunity to just look at this. That's all we're
doing. You would want the same thing. For us to look it and
take it to committee. So, you're, you'll be invited. Everybody
will be invited to come to that one meeting if you would like
to come to the big room. But we, I can't respond to anything
because we haven't had the chance to read it yet.
Joanne McManus: But I just want you to remember I live right straight across
the street from it.
Councilmember Linder: I do know. I know that.
Joanne McManus: So, I'll pass this along.*
Councilmember Linder: Why don't you give it to Jane and maybe Jane will make
copies of it for us.
President Haggerton: O.K. So we'll make sure that everybody's notified of the
Committee meeting...
Councilmember Linder: Everybody will be notified.
President Haggerton: You'll hear both sides of the story and we'll make a
recommendation from that point.
Council Member Linder: Yes.
President Haggerton: Is there anybody else for citizen's comments? Thank you fo
participating...
I'll'
•
*Clerical Note: Referring to signatures presented. — Marked "Exhibit A" and attached
hereto.
Verbatim Transcript — Citizen Comment — Eric Bendfelt - February 23, 2004
Page 12 of 12
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EXHIBIT
. • A,VIY.Tnr,p4•1.10.16•MV,444W071Mttrt,,,e,,,,,,wqrsonfttSP4YrnWrArSetege,MVA
City of Tukwila
TO: Jane Cantu, City Clerk
FROM: Brandon J. Miles, Assistant Planner2�
RE: Business License for Club Dog Animal Vet
DATE: January 30, 2004
The reasons are as follows:
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
On January 14, 2004, Eric Bendfelt submitted a business license application to operate a
business at 13301 56 Avenue. The description of the business says, "We will have a
licensed vet on -call to give shots exams - therapy, boarding recommendations." The
applicant claims that he will operate a veterinary clinic.
Based upon this information and a review of City Code and the Comprehensive Plan, the
Planning Division of the Department of Community Development recommends that the
business license application be denied.
1. Mr. Bendfelt has previously submitted a business license application to operate a
dog kennel at the address in question. City staff denied the application and Mr.
Bendfelt filed an appeal before the City's Hearing Examiner and the appeal was
denied and the City's decision was affirmed
2. Mr. Bendfelt is not a licensed veterinarian. Merely having a veterinarian "on
call" does not make his business a veterinary clinic. The primary business will
still be a dog kennel.
3. Tukwila Municipal Code 18.10.020 (2) allows for veterinary clinics in the Low
Density Residential Zone, but access to an arterial is required. Access is defined
in the City's Development Guidelines as, "...the safe, adequate, and usable
ingress /egress (entrance /exit) to a property or use." The access for the
applicant's property is off of 56` Avenue, which is not an arterial street
according to the City's Comprehensive Plan.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206- 431 -3670 • Fax: 206 - 431 -3665
Exhibit No. 1: Yellow file containing the appeal and
Exhibit No. 2: Aerial Photographs of site
other documentation pertinent to the appeal.
Exhibit No. 3A, B, C, D & E: Photographs of
Exhibit No. 4: Airport Statistics
appellant's property
Exhibit No. 5: Sounder Train schedule
Exhibit No. 6: Drawing of the 5 cabins on
appellant's property
Exhibit No. 7A, B & C: Club Dog — Daycare,
Exhibit No. 8: Letter from King County Animal
synopsis of how business will be run.
Control
Exhibit No. 9A & B: Letters from Steven Bray, and
Exhibit No. 10: Letter dated 9 -26 -03 to Mr. Miles
Pam Herrick, neighbors.
from Mr. Bendfelt.
Exhibit No. 11: Letter dated 9 -24 -03 from Mr. Miles
to Mr. Bendfelt.
r ,
s"
REPORT AND DECISION
APPELLANT:
PUBLIC HEARING:
OFFICE OF THE HEARING EXAMINER
CITY OF TUKWILA
Eric Bendfelt
Club Dog - Daycare
Appeal of Denial of Business License
L03 -064
SUMMARY OF APPEAL: Appeals denial of 2003 business license by
City of Tukwila
After reviewing the Appellant's written request for a hearing
and examining the available information on file, the Examiner
conducted a public hearing on the subject as follows:
MINUTES
The following minutes are a brief summary of the December 2, 2003 hearing.
The official record is recorded on tape.
January 12, 2004
A
4404 ir,00
The hearing opened on Tuesday, December 2, 2003, at 1:32 p.m. in the Council Chambers on the seventh floor
of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner.
The following exhibits were entered into the record:
Parties present: Representing Appellant:
William N. Snell, Attorney
1111 Third Avenue, Suite 2220
Seattle, WA 98101
Representing City of Tukwila:
Joe Schultz
Assistant City Attorney
Eric and Julia Bendfelt
13301 56th Avenue S.
Tukwila, WA 98718
Brandon Miles
Dept of Community Development
Eric Bendfelt
Club Dog- Daycare
Appeal re Denial of Business License
January 12, 2004
Page 2
6300 Southcenter Blvd. 6300 Southcenter Blvd.
Tukwila, WA 98188 Tukwila, WA 98188
w ►
The Examiner explained that the appeal was an administrative appeal held pursuant to various ordinances and
was the only administrative review to occur on the matter. The matter may be submitted back to the Examiner
for reconsideration if the parties are not satisfied with the decision. He stated that the appellant had the burden
of demonstrating that the City's action was erroneous, and would have to show clear and convincing evidence
that the City's determination was incorrect. At that point the City could respond, if they chose to do so.
William Snell, called Eric Bendfelt, 13301 56th Avenue South, Tukwila, WA 98178 as the first witness. On
the board was an aerial photograph of Mr. Bendfelt's property and the surrounding area. The area is called
Foster Point and Mr. Bendfelt owns a 3 -acre parcel of land that abuts the Duwamish River and I -5. There are
railroad tracks close to the property and the property is located under the flight path of Boeing Field. Boeing
Field is approximately 2 miles north of the Bendfelt property. There are approximately 60 residents on Foster
Point, they are surrounded by all commercial, as well as trains tracks, I -5, and directly underneath Boeing Field
which averages 375,000 flights per year or 1,050 flights per day. This is being stated because City of Tukwila
mentioned the noise involved with a doggy daycare, however, that would be nothing compared to the daily
noise that is in this area. The only access to Foster Point is via an access road off of Interurban, you cross a
bridge and the road dead ends at the end of 56th Avenue South. There is a rendering plant just up the street
approximately a half mile away and they produce some interesting smells. On the other side of the river is a
Harley Davidson shop that can be very noisy. There is a Park n'Ride at the end of Foster Point.
Next a series of photographs of the Bendfelt property were presented. There are five residential cabins near the
entrance of the property.
Mr. Schultz objected to the photographs as to relevance.
Mr. Bendfelt submitted a hand drawing of his property showing the 5 cabins and the approximate location of
the intended doggy daycare. This drawing also shows the location of the neighboring homes in conjunction to
the Bendfelt property. The cabins were constructed sometime in the late 1930's as fishing cabins, they have
been grandfathered into our property. They are approximately 25 feet high, all business that would take place
would be behind these cabins. The cabins are occupied full time as rentals. There is a six -foot cedar fence
behind the cabins, there is a five -foot chain link fence approximately 20 yards from the river, the back yard is
100% enclosed by chain link or cedar fences.
In the brochure entitled "Club Dog — Daycare" information regarding the Bendfelts, what they intend to provide
as a daycare for dogs, hours of operation, and the amount of enclosed space to be provided for the dogs.
Kennels were originally to be provided, but upon visiting three doggy daycares in the area, it was determined
that none of the daycares provided kennels.
The informal letter from the City of Tukwila, Mr. Miles, stated that they were not going to grant a license due
to the noise factor. The animals will be confined in an 18,000 square foot area that is totally fenced in, but
there will be no kennels provided.
Mr. Snell stated that in the letter from the City of Tukwila, one of the grounds for denial was that the operation
of daycare would actually be a kennel. The Code section is 18.06.465 and is attached to Exhibit 7C.
Eric Bendfelt
Club Dog - Daycare
Appeal re Denial of Business License
January 12, 2004
Page 3
Mr. Bendfelt stated that there would be no boarding of animals, there will be no overnight accommodations for
these animals.
Approximately three weeks ago, in a discussion with a King County Animal Control officer, she toured the
property and thought it was a great idea. Mr. Bendfelt mentioned that he was having some problems with the
City of Tukwila in obtaining a license to have a daycare facility for dogs, the Animal Control officer stated that
this facility would not be considered a kennel in her professional opinion. The Animal Control officer
submitted to Mr. Bendfelt a letter stating this fact.
Mr. Schultz objected as to relevance, hearsay and foundation.
Mr. Bendfelt stated that if an owner failed to come, in the brochure for Club Dog it states that no overnight care
will be provided, the animals will be transported to a facility where boarding is provided and the owner would
be responsible for costs incurred. As a Home Occupation there would not be any change in the outside
appearance of the property.
Mr. Schultz objected on the grounds of argument and not testimony.
There will be no outbuildings or kennels. The dogs will be allowed to run free in the fenced yard. The animals
will be supervised. Anyone coming onto the property would not know that anything was going on in the back.
People coming in the driveway will see landscape and then the row of cabins. The back yard where the dogs
would be will be screened from the front. A lot of people on the point do have dogs already. On the east side
of this property they have three large dogs, the neighbor to the west also has three good -sized dogs. No
business will be conducted in an accessory building.
People will be coming to the location to drop off their dogs. There is a large circular drive, there is plenty of
area for drop off's and there is easy access to the back yard. There could be at least 30 cars parked in the
driveway. The traffic on 56th is minimal with the temporary closure at the end of the road. The anticipation is
that there would be 10 dogs per day at the daycare, but that does not necessarily mean that there would be 10
cars, some people have more than one dog. Should there be a lot of barking or other noises, the dogs would
wear a de- barking collar, they are not harmful to the dogs or humans, and the dogs would be supervised all day.
Each dog and owner will go through an interview process, if the dog turns out to be a barker, the dog will not
be back.
All the neighbors have been kept in the loop as to the progress being made. There are also letters from
neighbors on both sides of this property stating their feelings on having this facility so close. They are both in
agreement that it would be a good thing.
Doggy daycares are a fairly new business, they started about 4 -5 years ago. The reason they are so successful
is that both partners work and the dogs are left home alone all day sometimes for 12 -14 hours. When they
arrive home, their dogs are happy to see them, they want to play and go outside, which is the last thing that the
owners want to do after a long day at work. With daycare, the dogs have been playing and exercising all day,
they are not being left alone.
Mr. Schultz inquired as to bad weather, what plans are there to accommodate the dogs in that case?
Eric Bendfelt
Club Dog- Daycare
Appeal re Denial of Business License
January 12, 2004
Page 4
Mr. Bendfelt stated that dogs don't mind a lot of bad weather, there are several tents or coverings or awnings
that can easily be put up and taken down in a matter of minutes if they were needed. The tenants in the cabins
have been consulted about the plan for daycare, as well as the neighbors across the street.
Julia Diane Bendfelt, 13301 56th Avenue South, Tukwila, WA 98178, stated that she does own this property
with her husband. She is a police officer for the Port of Seattle, and has been in law enforcement for
approximately five and a half years. Her duties include the Sea -Tac airport and the surrounding areas as well as
downtown, controlling traffic, traffic accidents, heavy and dangerous areas, and traffic complaints. Mrs.
Bendfelt stated that Monday, Tuesday and Wednesday she would be home to work with the daycare facility and
would be doing the accounting records and taxes for the business. There would be no adverse impact on the
area, there would be a few cars coming through on a daily basis that will not be a disturbance to the local
residents. These cars would not be stopping on the street, they would be pulling into our u- shaped driveway.
Joe Schultz, Attorney for the City of Tukwila, calls Brandon Miles, Assistant Planner for City of Tukwila, 6300
Southcenter Blvd., Suite 100, Tukwila, WA 98188, stated that part of his job was to review business license
applications. In reviewing business licenses we generally look for consistency with the Code, that it is an
allowed use in the zone, and that it meets all design development standards that a business would have to meet.
The property in question here is located in Low Density- Residential Zone. Tukwila Municipal Code 18.06.465
provides the definition for a kennel as a place for four or more dogs, cats or combination thereof are kept. It
was felt that the application clearly meet the conditions of what the City considers a kennel. Animal control
functions are dedicated to the County. If Mr. Bendfelt owned four dogs of his own, it would be classified as a
kennel and he would have to meet the animal control section requirements. A kennel is anyplace that dogs are
being kept that meets the number requirement. Even if this were the most perfect site for a doggy daycare, we
would not be allowed to approve the site because of the zoning classification. We cannot consider the opinions
of neighbors or the noise generated in that area due to the codes and their classifications.
Animal kennels are allowed in some zones in the City of Tukwila. To have a kennel you must first have a
conditional use permit. However, in this particular zone a conditional use permit still would not allow an
animal kennel. It was also checked to see if the kennel could fit into the home occupation category, but it did
not. Animal kennels are permitted in the City of Tukwila in the regional commercial, regional commercial
mixed use, commercial light industrial, light industrial, heavy industrial and Tukwila Valley South. They
would still have to be approved by the City Planning Commission.
There is now no shelter for the animals, and if they are to be kept outside, there must be, according to code,
some form of shelter for them in adverse weather conditions. If the shelters were added, then there would be a
change in the outside conditions of the property, which is a condition all home occupations would have to meet.
The Examiner called for further testimony regarding this appeal. There was no one else wishing to speak. The
hearing closed at 3:25 p.m.
FINDINGS, CONCLUSIONS & DECISION
Having reviewed the record in this matter, the Examiner now makes and enters the following:
1. The appellant, Eric T. Bendfelt, filed an appeal of the decision by the City Clerk of Tukwila to deny a
business license for a dog- sitting business.
•
Eric Bendfelt
Club Dog - Daycare
Appeal re Denial of Business License
January 12, 2004
Page 5
2. Eric T. Bendfelt, hereinafter appellant, proposes operating a business at his residence located at 13301
56th Avenue South in Tukwila. The appellant proposes a new type of business in which he takes care
of dogs while their owner is away for the day. It has been described as a "day care" for dogs similar to
the more common day care for children. The dogs would only be there during the day.
3. The subject site is zoned LDR (Low Density Residential). The primary use permitted in the zone is a
single- family dwelling. Home occupations are permitted (see below).
4. The appellant submitted an application for a Business License on October 6, 2003. On that application
the appellant specified that the business would be "doggie daycare."
5. There was some correspondence between the appellant and the City defining the use, providing initial
reactions to the proposal and then a denial of the Business License by the City Clerk on October 27,
2003. The stated reason for the denial was:
"The building, structure, equipment, operation or location of the business for
which the license was issued does not comply with the requirements or standards
of the Tukwila Municipal Code."
6. The appellant's plans changed a few times during the course of the review and appeal. At one point he
would retrieve and drop off the dogs and dog owners would not visit the site and there were to be
separate kennels for up to ten dogs. The plans evolved and now dogs would be dropped off at the
appellant's home /business site and there would be no kennel or other structures.
7. Dogs would be held on the site only during the day. If owners failed to retrieve their pets at close of
business on any particular day, then the appellant would take them to a boarding kennel at night.
8. The appellant had worked out a system to accept only reasonably mannered dogs and dogs that did not
bark or create any nuisance and could reject dogs that did not fit the character of the residential
neighborhood during the day.
9. The appellant's lot is a large parcel that is approximately 375 yards deep and 150 yards wide. It is
approximately 3 acres in area.
10. The' appellant's residence is located toward the front of the parcel but off to the west side of the lot. It
is accessed via a gated, circular driveway.' Approximately half way into the parcel, toward the rear are
five detached, converted fishing cabins that are now rental units. The units are semi- attached to each
other by covered carport roofs. The rental units are approximately 25 feet high and form a screen to the
street.
11. The applicant proposes establishing the dog holding area (for want of a better term) in the rear portion
of the site between the row of cabins and the river. The area would be fenced to contain the dogs.
12. According to testimony there would not be any particular shelter from either the winter or summer
weather for the animals. The appellant suggested that if need be, the animals could be moved into the
t.
•
Eric Bendfelt
Club Dog- Daycare
Appeal re Denial of Business License
January 12, 2004
Page 6
appellant's residence.
z
13. The area can best be described as a residential island surrounded by intense development. The site is = Z
across the Duwamish River from I -5. The site is approximately one - eighth mile from a railroad line r4 g
that carries the Sounder commuter train and other rail traffic. The subject site is located under the v
flight path for Boeing Field, which according to testimony handles approximately 375,000 flights per 0 O
year.
J2
14. x:;:An arterial street, Interurban, Boulevard, is located about a block toward the southwest from the co u j O
appellant's residence:` uj
15. The appellant apparently has spoken with neighbors and some have written that they have no objection
to the proposed use. =
I- III
16. :The City does not have a specific code provision regarding a. "doggie daycare ". and their closest Z
equivalent uses are either a kennel or veterinary clinic. Kennels are only permitted in a limited number w
of Zoning Districts and then only by Conditional Use Permit. They are not permitted in the LDR Zone. 2
Veterinary uses are permitted in the LDR zone.
O • -
17. The following code provisions are generally applicable to the subject site: W u j
W
• U
LDR (Low Density Residential Zone) 18.10.020 Permitted Uses u- O
The following uses are permitted outright within the LDR district, subject to compliance with all other Er Z co
applicable requirements of the Tukwila Municipal Code. U
1. Dwelling - One detached single- family dwelling per lot. p I-
2. Animal veterinary, including associated temporary indoor boarding; access to an arterial is z
required.
3. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf
courses, or commercial recreation.
4. In Commercial Redevelopment Area 4 (see Figures 18 -9 or 18 -10), the uses and
development standards of the adjacent commercial zone are permitted and shall apply, subject
to the specific criteria and procedures defined in TMC 18.60.060.
5. Shelters.
(Ord. 1976 17, 2001; Ord. 1865 5, 1999;
18.10.030 Accessory Uses
The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to
such permitted use, are allowed within the LDR district.
1. Adult day care.
2. Accessory dwelling unit, provided:
a. minimum lot of 7,200 square feet;
b. accessory dwelling unit is no more than 33% of the square footage of the primary
residence and a maximum of 1,000 square feet, whichever is less;
c. one of the residences is the primary residence of a person who owns at least 50% of
the property,
Eric Bendfelt
Club Dog - Daycare
Appeal re Denial of Business License
January 12, 2004
Page 7
d. dwelling unit is incorporated into the primary detached single - family residence, not
a separate unit, so that both units appear to be of the same design as if constructed at
the same time;
e. minimum of three parking spaces on the property with units less than 600 square
feet, and a minimum of four spaces for units over 600 square feet; and
f. the units are not sold as condominiums.
3. Family child care homes, provided the facility shall be licensed by the Department of Social
and Health Services Office of Child Care Policy and shall provide a safe passenger loading
zone.
4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is
located on the same lot as the principal use and is subject to the regulations affecting the main
building.
5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor
area.
6. Home occupations.
7. Institutional uses such as hospitals, food banks, schools, or government facilities may have
two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC
18.50.060.
8. Parking areas.
9. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a
side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for
each 20,000 square feet of stable and pasture area, but not more than a total of two of the above
mentioned animals shall be allowed on the same lot.
18. The City has the following definition for kennels:
18.06.465 Kennel
"Kennel" means a place where four or more dogs or cats or any combination thereof are kept.
19. The City's provisions for establishing a home occupation contain the following language:
18.06.430 Home occupation.
"Home occupation" means an occupation or profession which is customarily incident to or carried on in
a dwelling place, and not one in which the use of the premises as a dwelling place is largely incidental
to the occupation carried on by a resident of the dwelling place; provided, that:
1. There shall be no change in the outside appearance of the surrounding residential
development;
2. No home occupation shall be conducted in any accessory building;
3. Traffic generated by such home occupations shall not create a nuisance;
4. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the
lot;
5. The business involves no more than one person who is not a resident of the dwelling; and
6. An off - street parking space shall be made available for any non- resident employee.
Eric Bendfelt
Club Dog - Daycare
Appeal re Denial of Business License
January 12, 2004
Page 8
20. The back of the Business License application contains the following statement:
"The above conditions are interpreted to mean at a minimum that:
. Employees do not come to the property on a daily or weekly basis.
. No more than one work car will be parked on or near the property at anyone time.
. Outside storage of materials will not occur.
. Customers do not come to the premise (with the exception of daycares).
The business operator visits customers at their location.
. The interior of the premises appears primarily to be a residence."
CONCLUSIONS:
1. The appellant has the burden of demonstrating that the decision of the City was either in error, or was
otherwise contrary to law or constitutional provisions, or was arbitrary and capricious. TMC
5.08.080(C) requires that "the decision of the hearing body on an appeal from a decision of the Clerk
shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant."
The appellant has failed to demonstrate that the action of the City should be modified or reversed. The
decision is affirmed.
2. Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the
facts and circumstances. A decision, when exercised honestly and upon due consideration of the facts
and circumstances, is not arbitrary or capricious (Northern Pacific Transport Co. v Washington Utilities
and Transportation Commission, 69 Wn. 2d 472, 478 (1966).
3. An action is likewise clearly erroneous when, although there is evidence to support it, the reviewing
body, on the entire evidence, is left with the definite and firm conviction that a mistake has been
committed. (Ancheta v Daly, 77 Wn. 2d 255, 259 (1969).
4. The appellant has failed to demonstrate that the decision was founded upon anything but a fair review
of the code sections as they apply to the appellant's proposed use. The appellant is asking for too much
latitude in this matter. The appellant both seeks to overlook the limitations found in code and asks for
too expansive a definition or reading of the existing code. He notes the use is like a children's day care.
It is not a children's daycare. It would house dogs and not children. The code would allow a veterinary
clinic but the appellant is not a licensed veterinary doctor. The use is not located on an arterial street
but access to one can be had via the local residential street that serves his home. The code also
provides a process that allows the establishment of kennels in a number of specific land use zones by
Conditional Use but the LDR Zone is not one of those zones.
5. Most telling is that the code defines a kennel quite clearly as follows: "
18.06.465 "Kennel" means a place where four or more dogs or cats or any combination thereof are
kept.
The appellant would be housing up to 10 dogs. That is more than four dogs and, therefore, the use
qualifies as a kennel. The proposed use exceeds the threshold of three dogs permitted outright and
Eric Bendfelt
Club Dog - Daycare
Appeal re Denial of Business License
January 12, 2004
Page 9
DECISION:
enters the defined use that is a kennel. The dogs will be "kept" at the appellant's residence. There is no
way around that fact. There is nothing in the code that specifies such activity must span a night for
animals to be "kept." They will be "kept" for most of a day. This office has to accept the fact that the
City determined that keeping four or more dogs was different in some degree than keeping up to three
dogs. Again, the City clearly provided zones in which kennels may be established and then only
through the Conditional Use Process. The LDR Zone does not provide for establishing kennels by
Conditional Use.
6. The fact the appellant also wants to establish the use as a home occupation raises other issues. The
establishment of a home occupation is governed by both code provisions noted above and has been
interpreted by the criteria found on the back of the application for Business License. The City prohibits
customers from visiting the business in order to keep the residential profile of the home and
neighborhood. The business license itself states on its reverse side:
Customers do not come to the premise (with the exception of daycares).
7. The owners of the dogs would drop them off and pick them up. That would add up to 20 trips per day
or actually 40 trips if you consider two trips per morning and two per evening as patrons arrive (one
trip) drop off their pets and then depart (second trip) and then arrive back in the evening to pick up their
dogs (third trip) and then depart one more time with their dog (fourth trip).
8. The appellant cites the support of some of his neighbors in this endeavor. While the current neighbors
may not object, that does not mean potential neighbors will not object in the future or that current
neighbors might not change their minds once the appellant's business begins operation. The appellant
also noted that an animal control officer was supportive. That support does not affect the underlying
zoning and regulations of the City of Tukwila.
9. This office does sympathize with the appellant's plight that the proposed use is not specifically
identified and permitted by the Tukwila Code. This office also recognizes that such a service might be
useful or that it even might not prove detrimental to the neighborhood. But such sympathy should not
override code provisions that clearly define this use as a kennel, that limit the uses that may be
established as a right in the LDR Zone and that limit what uses may be established as home
occupations in the LDR Zone. There is a way to establish such a use in this zone. That way is by a
code amendment carefully reviewed and adopted by the City Council. An administrative appeal which
wiggles around to create exceptions to code or seeks loose interpretations of code is not the way to
permit this use.
10. The appellant has failed to demonstrate with cogent evidence that a mistake was made.
11. Since the burden of demonstrating error is on the appellant, this office can only conclude that the City
made the correct determination. The decision below must be affirmed.
The appeal is denied. The decision below is affirmed.
.... .,. . parr,..w_,n ; ti i* , r,e9,?40 , : trtosn: Wwz,,,n
Eric Bendfelt
Club Dog- Daycare
Appeal re Denial of Business License
January 12, 2004
Page 10
ORDERED THIS 12th day of January, 2004.
FRED J. KAU
HEARING E
TRANSMITTED THIS 12th day of January, 2004 to the parties of record:
William N. Snell
1111 Third Avenue, Ste 2220
Seattle, WA 98101
Eric and Julia Bendfelt
13301 56th Avenue S
Tukwila, WA 98178
Steven M. Mullet, Mayor
Rhonda Berry, Acting City Administrator
Brandon Miles
Commercial Development
City of Tukwila
6300 Southcenter Blvd.
Tukwila, WA 98188
Joe Schultz
Assistant City Attorney
City of Tukwila
6300 Southcenter Blvd.
Tukwila, WA 98188
TRANSMITTED THIS 12th day of January, 2004 to the following:
AN
MINER
Reconsideration must be filed in writing on or before 5:00 p.m., February 2, 2004. Any aggrieved person
feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact,
error in judgment, or the discovery of new evidence which could not be reasonably available at the prior
hearing may make a written request for a review by the Examiner within twenty (20) days from the date of the
Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such
appellant, and the Examiner may, after review of the record, take further action as he deems proper.
The action of the Hearing Examiner shall be final and conclusive unless, within ten days from the date of
action, the original applicant or an adverse party files a petition to the superior court.
The appeal provisions of the Tukwila Municipal Court are unclear on the time for filing an appeal. The appeal
shall be filed with King County Superior Court within 20 days of this decision.
%.11:414,* F a +'`iaw ""sf`"bii5n'Se�ib,A o - r2
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In the Matter of the Business License
Application of
ERIC BENDFELT,
BEFORE THE TUKWILA HEARING EXAMINER
Appellant.
Tukwila File No. L03 -064
HEARING MEMORANDUM
'A.-if—N-01 \v\
The City of Tukwila's Department of Community Development ( "DCD ") denied the dog day
care business license application of Eric Bendfelt and an appeal hearing was held before the Tukwila
Hearing Examiner. A key issue in the appeal is how the proposed dog day care should be categorized.
The Hearing Examiner permitted the Appellant's counsel to file a hearing memorandum on the use
classification with DCD allowed to file a reply memorandum.
A dog day care is a relatively new type of use and it is not a listed use under the Tukwila
Municipal Code ( "TMC "). Under Mr. Bendflet's proposal the use would provide a service for dogs
that is similar to the service that is provided for children and senior citizens. The subject property is
zoned Low Density Residential ( "LDR "). Both family child day care and adult day care are permitted
accessory uses in the LDR zone. See TMC 18.10.030. "Adult Day Care" allows for the caring for six
PREHEARING MEMORANDUM- 1
C:\Documents and Settings \Owner\My Documents\Bendfelt\HEARING
MEMO.doc
LAW OFFICES OF
WILLIAM N. SNELL
1111 THIRD AVENUE
SUITE 2220
SEATTLE, WASHINGTON 98101 -32078
TEL (206) 386 -7855
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adults on a daytime basis. TMC 18.06.020. Child day care allows for the caring of up to twelve
children on a less than 24 hour basis. TMC 18.06.300. Animal veterinary, including associated
temporary indoor boarding, is a permitted use provided there is access to an arterial. TMC 18.10.020.
In this case Mr. Bendfelt's property would qualify since it is located about one block or .2 of a mile
from Interurban, a major arterial. The child day care, adult day care and animal veterinary uses all
have impacts that would be equal to or greater than the proposed dog day care. The foregoing
demonstrates that the LDR zone is not restricted to single family uses and that a use, such as dog day
care, would be consistent with other allowed principal and accessory uses.
TMC 18.10.030 allows a home occupation as an accessory use. Mr. Bendfelt's proposal is for
a home occupation that is a dog day care. Because there is no definition of dog day care, DCD's
approach is to claim that the use constitutes a "kennel ". DCD bases its conclusion on the definition of
"kennel" as a "place where four or more dogs or cats or any combination thereof are kept." TMC
18.06.465. The meaning of "kept" is not defined in the TMC so the plain and ordinary meaning
applies. "Kept" is defined as to supply with food, shelter; to supply with food and lodging for pay.
Webster's New World Dictionary (3 ed., 1988). The dictionary definition of "kennel" is a doghouse
or where dogs are bred. Webster's New World Dictionary (3 rd ed, 1988).
The dog day care does not come within the definition of kennel for several reasons. First, no
physical shelter or doghouse will be provided. Second the dictionary definitions of "kennel" indicate
that it is more than a location where dogs are restrained and that the common meaning shows that a
kennel includes aspects of boarding or breeding. The proposal here does not include such uses. Third,
the use is temporary in that it is a daily activity that extends between the hours of 7:00 A.M. to 7:00
P.M. It is not a 24 hour operation that would significantly increase the impacts. At the end of the day
PREHEARING MEMORANDUM- 2
C:\Documents and Settings \Owner\My Documents\Bendfelt\HEARING
MEMO.doc
RC
LAW OFFICES OF
WILLIAM N. SNELL
1111 THIRD AVENUE
SUITE 2220
SEATTLE, WASHINGTON 98101 -32078
TEL (206) 386 -7855
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the dogs are gone. This use is analogous to adult and child day care where use is limited to day use.
For example, in an adult day care if the adults being cared for resided in the home 24 hours a day the
use, depending on the number of residents, would violate the zoning code definition of single family
dwelling unit. Here, the proposed use is limited to daytime use.
At the hearing a DCD representative stated that if a single family resident kept four or more
dogs it would constitute a "kennel ", but that is because it would be a long term use on a 24 hour basis.
This interpretation by DCD does not conflict with the position of the appellant in that "kept" refers to
a permanent or long term keeping of the animals not just a temporary use during the daytime. A court
will interpret municipal ordinances as it does state statutes. Hobert v. Marque, 5 Wn. App. 222,
225, 226, 486 P.2d 1140 (1971). The court must ascertain and give effect to the city's intention.
Id. In Hobert, neighbors of a commercial dog kennel sought an injunction to restrain a kennel's
operation. The thrust of the neighbors' argument was that the ordinance regulating operation of
kennels should have been read to only allow non - commercial kennels. The court held that the
absence of a restriction precludes the conclusion that a restriction arises by inference. Id ( "If the
city intended to restrict the operation of kennels... then the ordinance should have so provided. ").
Here, the City's code does not restrict the location of a dog day care because it is not a "kennel ".
The City's denial of the business license should be revoked and Mr. Bendfelt allowed to
operate his dog day care as a home occupation.
DATED this 1 ay of December 2003
PREHEARING MEMORANDUM- 3
C:\Documents and Settings \Owner\My Documents\Bendfelt\HEARING
MEMO.doc
Re.spec
Wil iam N. Snell, 1-B• #3684
Attorney for Bendfelt
LAW OFFICES OF
WILLIAM N. SNELL
1111 THIRD AVENUE
SUITE 2220
SEATTLE, WASHINGTON 98101 -32078
TEL (206) 386 -7855
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I certify that on the 9 day of December, 2003, I served copies of Hearing Memorandum of
Bendflet via:
[ ] Legal Messenger [ x ] U.S. Mail [ x ] Facsimile
upon:
Joseph Schultz
Kenyon Disend, PLLC
11 Front St. South
Issaquah, WA 98027
Fax 425- 392 -7071
PREHEARING MEMORANDUM- 4
C:\Documents and Settings\Owner\My Documents\BendfeltARING
MEMO.doc
LAW OFFICES OF
WILLIAM N. SNELL
1111 THIRD AVENUE
SUITE 2220
SEATTLE, WASHINGTON 98101 -32078
TEL (206) 386 -7855
Brandon Miles - Mr. Bendfelt
From: "Joe Schultz SCHULTZ" <JOE @kenyondisend.com>
To: <snellaw @msn.com>
Date: 12/3/03 1:34PM
Subject: Mr. Bendfelt
Joe.
Joseph C. Schultz
Kenyon Disend, PLLC
The Municipal Law Firm
11 Front Street South
Issaquah, Washington 98027
425/392 -7090 - phone
425/392 -7071 - fax
Joe @KenyonDisend.com
Page 1
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It was nice to meet you yesterday at the hearing. Today your client has e- mailed Brandon Miles for a legal
opinion regarding whether he can have the dogs from his Weimaraner club over at his home on a single
day for a club gathering. I told Brandon that it would be best not to respond given that Mr. Bendfelt is
represented by counsel with regard to this issue.
I write to you to let you know why Brandon will not be responding directly to your client. Thanks for your
±Brandon Miles - Re :_ Fwd: A new question. —.
From: "Joe Schultz SCHULTZ" <JOE @kenyondisend.com>
To: <bmiles @ci.tukwila.wa.us>
Date: 12/3/03 1:07PM
Subject: Re: Fwd: A new question
Brandon, z
I will talk to his counsel about this. Don't reply. We shouldn't really communicate directly with anyone on ; = w
a subject that is in controversy once we know that they are represented by counsel. rx
I'll let you know what happens. c.) O
Joe. w =
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Joseph C. Schultz Lu p .
Kenyon Disend, PLLC 2
The Municipal Law Firm g5
11 Front Street South
Issaquah, Washington 98027 u)
425/392 -7090 - phone H W
425/392 -7071 - fax
Joe @KenyonDisend.com z F-
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»> "Brandon Miles" <bmiles @ci.tukwila.wa.us> 12/03/03 12:54PM »> LU Ui
Joe, v o .
I E got this email today from Mr. Bendefelt. I think he might be trying to set me up with my answer and I o h-
want to careful how I respond to it. Maybe we could talk about this on Thursday. = w
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Page_ ;
Brandon Miles - Anew question
From: "Eric" <chase297 @attbi.com>
To: "B Miles" <bmiles @ci.tukwila.wa.us>
Date: 12/3/03 12:10PM
Subject: A new question
Hi Brandon,
You guys put up a decent argument yesterday whether I agree with it or not, it doesn't matter at this point.
I do have a new question though. I am the vice president of our western washington weimaraner club and
like last year we are having our xmas party at our place. Mainly for the location & size of the property.
However, like last year, some of the members bring their dogs over which we encoraged. There were
about 12 dogs last year and will probably be around the same this year. The party starts at 1pm and
should only go for four or five hours. My question is this. Do I need a temporary hobby kennel license for
the day or what do I need to do to be within the regulations since I will have more than 4 dogs here.
Thanks much,
Eric Bendfelt
Pagel
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11/28/03
Fred. Kaufman
City of Renton
1055 Grady Wy
Renton,WA 98055
Dear Mr. Kaufman,
I am writing this letter on my own behalf. I too wanted to send my own report, as the City
of Tukwila did. My hearing date is Tues. Dec. 2 at 1:30. I am looking to open a doggie
daycare business. Monday- Friday, 7am -7pm for spayed & neutered dogs only.
I am confused by the city's inconsistencies regarding my denial. I was first told no, by
Brandon Miles, Assistant planner, due to noise of supposed barking dogs. Please allow
me to expand on this. I have I -5 in my backyard, railroad tracks 1/8 of a mile away, and I
am underneath the flight path of King County Airport (Boeing Field) where they handle
375,000 flights per year.(Attachinent C) After I applied for my business license, I was
officially denied by Steve Lancaster, Director of Community Development. He states
that my business "clearly meets the definition of "kennel' under the zoning code.
However a few days later in a phone conversation he stated that "this is such a large gray
area a kennel was the closest thing." A square peg in a round hole analogy'Irthen .
, ,,received a letter from Jane Cantu, City clerk, which she says due to not meeting "home
occupation" definition I was denied. Three different people, three different reasons. Why
the disparity?
The city contends that animal kennels are not allowed in low density residential. That is
fine because I do not want to board any dogs. It is strictly a day only business. If we go
by the city's definition, (Attachment A.) which is outdated, almost nine years old, there
are probably several hundred kennels in the city. In no way, shape or form does this
resemble a kennel. Again, no overnight boarding, breeding or training.
My property is on a 3 parcel lot which is approximately 125 yards in length by 50 yards
in width. My business would take place in the back area 60 yards from the road, behind a
row of cabins, which are 25 feet high. (Attachment B) This fenced in area is not visible
from the street and away from the neighbors, which by the way, do not have any concerns
or complaints regarding my business. I have kept them in the loop the whole process. To
the best of my knowledge no one from the City took me up on my invitation to visit my
property and to see the layout for themselves and to see how far back and isolated we
actually are. King County Animal Control did come out to view my property, and in her
"eighteen years of experience, she too agreed that this would not be a kennel. Thanks for
your time.
Sincerely,
Eric T Bendfelt
Brandon Miles - Re: Business Lic
From: "Eric" <chase297 @attbi.com>
To: "Brandon Miles" <bmiles @ci.tukwila.wa.us>
Date: 11/12/03 4:27PM
Subject: Re: Business Lic
Brandon,
We are not interested in running a "kennel ". As Mr. lancaster stated in our
conversation, this business falls in such a large gray area, that the
closest thing to my business would be a "kennel ". You guys are trying to fit
a square peg in a round hole. This is not a "Kennel ". I thought the City is
suppose to work with people. The city says it promotes growth & new
businesses, yet you're trying to put a kybosh on this. There are so many
Avon, Mary Kay, Amway, Vitamin etc home businesses in Tukwila, yet I bet a
small pecentage of them, if any, actually have a legal business license, yet
the customers come to their homes. There are also several hundred people in
the city that do have four or more animals that are kept and boarded but I
gaurantee they do not have a hobby kennel license. So I try to do the right
thing and go through all the proper channells and you guys black ball me. I
most certainly could have opened up a daycare and the City would probably
have had no idea that I did this. Why are you guys being so hard -nosed in
the matter. If there are not any clear cut codes regarding a doggie
babysitting business, which there are not, it should be approved then work
out the technicalities later and define the codes a little better. As I see
it the codes are out -dated and as mentioned previously you guys can't fit
this into a nice little package so you cram it under "kennel ", which in Mr.
Lancaters own words, I repeat, "is a large gray area ". I can and will abide
by all the "Home Occupancy" regulations, but don't penalize me for trying to
go through the proper channels.
Sincerely,
Eric Bendfelt
Original Message
From: "Brandon Miles" <bmiles @ci.tukwila.wa.us>
To: <chase297 @attbi.com>
Cc: <Joe @KenyonDisend.com>
Sent: Wednesday, November 12, 2003 3:19 PM
Subject: Re: Business Lic
Eric,
If you don't want to provide the information that is your decision. I will
note in my staff report that it was noted on the business license that an
alternative location would be used for customer drop off and pick up, yet
the appellant never provide the actual location.
The hearing before the Hearing Examiner is not a mitigation hearing. Any
new information submitted to the City after the notice of denial, such as
your outline of the business operation is inadmissable. You are limited to
arguing specific errors made by the City in the notice of denial, not submit
new information in response to the City's decision.
Also, if you are operating the business at two sites, you would need to have
a business license for each site. Thus, the second site must allow animal
kennels to locate at the property. Since the City requires a conditional
Page 1
Brandon Miles - Re: Business Lic
•
use permit to operate an animal kennel anywhere in the City you would have
to obtain one before Planning will sign off on the business license.
Sincerely,
Brandon Miles
Assistant Planner
City of Tukwila
»> "Eric" <chase297 @attbi.com> 11/12/03 02:10PM »>
Hey Brandon,
Jane Cantu stated to give a line or 2 for the reason for the appeal, it
didn't ask for specifics. The details will be provided at appeals court on
Dec. 2nd.
Eric
Original Message
From: "Brandon Miles" <bmiles @ci.tukwila.wa.us>
To: <chase297 @attbi.com>
Sent: Wednesday, November 12, 2003 1:23 PM
Subject: Re: Business Lic
Eric,
Because you have noted this on both the business license and your notice of
appeal, yet have provided no details. I want to understand how it will work
and see if any permits are required.
Brandon Miles
Assistant Planner
City of Tukwila
»> "Eric" <chase297 @attbi.com> 11/12/03 12:16PM »>
Hello Brandon,
I am curious about the inquiry regarding drop off points. Can you tell me
why the interest before I divulge the information? I have 3 of them and I do
have permission to use them.
Thanks,
Eric
Original Message
From: "Brandon Miles" <bmiles @ci.tukwila.wa.us>
To: <chase297 @attbi.com>
Sent: Wednesday, November 12, 2003 11:04 AM
Subject: Business Lic
Eric,
You have noted that you would be using an "alternative site" for drop off
and pick up. Where exactly is this site? Do you have permission from the
Page 2
ii ,,."4, tts . u�fJYp -iF ?r 1} :mss xc
Brandon_ Miles - Re: Business Lic
Thanks,
Brandon Miles
Assistant Planner
City of Tukwila
property owners to use the site? How would the drop off and pick up exactly
work?
Page 3
NUMBER OF PAGES: 2 ncluding cover sheet)
SENT BY: Pam
DATE SENT: November 10, 2003
TO: Joe /Sheryl
FIRM: Kenyon Disend, PLLC
FAX NUMBER: 425 - 392 -7071
PHONE NUMBER: 425 - 392 -7090
FROM: Pam Odegard
KENYON DISEND, PLLC
THE MUNICIPAL LAW FIRM
TUKWILA CITY ATTORNEY
6200 SOUTHCENTER BOULEVARD
TUKWILA, WASHINGTON 98188
(206) 433 -1867
FAX (206) 433 -7143
FACSIMILE TRANSMISSION FORM
REGARDING: Club — Dog Daycare
Hearing Date on Notice of Denial of Business License
COMMENTS: For your information and review. Please note December 2, 2003
at 1:30 on your calendar.
Please call (206) 433 -1867 if this facsimile is defective, incomplete, or received in error. The information contained in this facsimile is confidential
and privileged. The information is intended only for the use of the individual or entity to whom it is addressed. If you are not the intended recipient,
or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or
copying of this communication is strictly prohibited. If you have received the facsimile in error, please immediately notify us by calling (206) 433-
1867, and retum the original message to us at the address above via the U.S. Postal Service.
.sw.tn .[ma...va+ou,Lfry aw;+�ut.ier- x, vk.f= .4.11::4 + ttauMe;g42:0, ;stiff}:vita.s&;' `ast v3akrau;..��:Yart:is?�':«2s'FS' kL Wr:�id;;c'sc"��"u'n:
November 6, 2003
Eric T. Bendfelt, Owner
Club -Dog Daycare
13301 — 56 Ave S
Tukwila, WA 98178
RE: HEARING DATE ON NOTICE OF DENIAL OF 2003 BUSINESS LICENSE —
CLUB -DOG DAYCARE
Dear Mr. Bendfelt:
The City received your letter appealing the denial of a 2003 Tukwila Business License to Club -
Dog Daycare on October 30 •
The Hearing Examiner will consider the appeal on Tuesday, December 2, 2003 at 1:30 p.m. The
hearing will take place at the City of Renton, City Council chambers, 1055 S. Grady Way,
Renton, WA 98055. Council chambers is on the seventh floor.
You are entitled to appear in person, and to be represented by counsel, and to offer such evidence
as may be pertinent and material to the Notice of Denial. If unable to be present at the hearing,
please notify the Office of the Hearing Examiner at (425) 430 -6515.
If you have questions regarding the appeal procedures, you may contact me at (206) 433 -1800.
Sincerely,
C e./A(.1„&c.--
' ity Clerk
e E. Cantu, CMC
City of Tukwila
C: S. Kerslake, City Attorney
B. Miles, DCD
K. Stetson, Code Enforcement
F.: Kaiifinari, Hearing Examiner
Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us
6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M. Mullet, Mayor
NOV 1 f 2003
VIA CERTIFIED MAIL
7002 2410 0004 6341 2895
Return Receipt Requested
1
hp officejet 7110
printer /fax /scanner /copier
Last Transaction
Date Time Type Identification
Nov 10 3:22pm Fax Sent 4253927071
Fax- History Report for
Tukwila
206- 433 -7143
Nov 10 2003 3:24pm
Duration Pages Result
1:24 2 OK
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October 27, 2003
Eric T. Bendfelt, Owner
Club -Dog Daycare
13301- 56` Ave S
Tukwila, WA 98178
Dear Mr. Bendfelt:
City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M. Mullet, Mayor
VIA CERTIFIED MAIL
7002 2410 0004 6341 2765
Return Receipt Requested
RE: NOTICE OF DENIAL — 2003 Business License - Club -Dog Daycare
This letter will serve as a Notice of Denial that your application for a 2003 Tukwila
business license has been denied under Tukwila Municipal Code 5.04.110 Denial -
Revocation; A.2. — The building, structure, equipment, operation or location of the
business for which the license was issued does not comply with the requirements or
standards of the Tukwila Municipal Code.
The Department of Community Development has reviewed your business license
application for your proposed home -based business at 13301 — 56` Ave South and cannot
approve the location of the business for the following reasons:
❖ The proposed use is considered an animal kennel. Your home/business is located
in a Low Density Residential (LDR) zone. Animal kennels are not allowed in the
LDR zone.
❖ The proposed use cannot meet the definition of a home occupation. Tukwila
Municipal Code 18.06.430 defines "home occupation" to mean an occupation or
profession which is customarily incident to or carried on in a dwelling place, and
not one in which the use of the premises as a dwelling place is largely incidental
to the occupation carried on by a member of the family residing within the
dwelling place;•provided that:
a. There shall be no change in the outside appearance of the
surrounding residential development; •
b. No home occupation shall be conducted in any accessory
buildings;
c. Traffic generated by such home occupations shall not create a
nuisance;
d. No equipment or process shall be used in such home occupation
which creates noise, vibration, glare, fumes, odor, or electrical
interference detectable to the normal senses off the lot;
Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us
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Eric Bendfelt
October 27, 2003
Page 2
Your proposed use
(copy attached).
•S Condition #1:
❖ Condition #2:
❖ Condition #3:
••• Condition #4:
e. The business involves no more than one person who is not a
resident of the dwelling; and
f. An offstreet parking space shall be made available for any non-
resident employee.
cannot meet Conditions one, two, three, and four of TMC 18.06.430
The presence of a large number of dogs on the property
would alter the appearance of the residential development.
The use of accessory facilities, i.,e., heated and air - conditioned
facilities and kennels violates Condition #1.
The number of dogs you propose to have at the site (12) would
generate 24 trips per day and would be considered a nuisance.
Noise associated with the proposed use would include, but would
not be limited to, barking dogs and voice commands from the
business operators.
As a result of DCD's findings, your 2003 business license is denied.
You are hereby advised that it is illegal to conduct business in the City of Tukwila
without a current business license.
You may appeal this Notice of Denial to the Hearing Officer, provided that the appeal is
made in writing and filed with the City Clerk within ten (10) days from the date of receipt
of the Notice of Denial. The appeal must specify the particular reason(s) upon which the
appeal is based. Failure to appeal within this time period shall constitute a waiver of all
rights to any additional administrative hearing or determination on the matter (Tukwila
Municipal Code 5.04.110(B).
Sincerely,
J e E. Cantu, CMC
ity Clerk
Enc: TMC 18.06.430 (copy)
C: B. Miles, DCD
S. Kerslake, City Attorney
K. Stetson, Code Enforcement Officer
File
�i} .` i1 ;::tr.::}'p+.i ;,s •_�:__; ! Y_e: : yid +`_.r ::imp*.AI±:.L+tia.`nt'u sti,ik'.
Barbara Saxton - Re: Club -Dog Daycare
From: Brandon Miles
To: Saxton, Barbara
Date: 10/23/03 9:58AM
Subject: Re: Club -Dog Daycare
Have we denied the previous license at his home? It may be prudent for us to deny so we can get it on
the record. If we deny the application he would have ten days to file for an appeal. If he fails to file for the
appeal he would lose his appeal rights. I am kind of worried that he may end up doing the business at his
house, regardless if he has a business license at that location.
If the property is zoned Commericial /Light Industrial it will require a conditional use permit (CUP). The
CUP must be obtained before Planning will approve the business license.
Brandon
»> Barbara Saxton 10/23/03 09:03AM »>
Just an FYI: Eric Bendfelt called this morning and said he has found an alternate location for his business
(off Interurban in a commercial zone). He is going to resubmit his application.
CC: Gierloff, Nora
Page 1
TO:
FROM:
CC:
RE:
LOCATION:
DATE:
City of Tukwila
Department of Community Development
City Clerk
Brandon J. Miles, Assistant Planner \
Steve Lancaster, Director
Club -Dog Daycare Business License
13301 56 Avenue
October 20, 2003
After reviewing the business license for the above business the Planning Department cannot
approve the location of the business.
Discussion
The property in questions is zoned Low Density Residential (LDR). The purpose of the LDR
zoning is to provide low density family residential areas together with a full range of urban
infrastructure services in order to maintain stable residential neighborhoods, and to prevent
intrusions by incompatible land uses.
The proposed use is considered an animal kennel. Animal kennels are not allowed in the LDR
district. Animal Kennels are allowed in the following districts, with an approved conditional use
permit, Regional Commercial, Regional Commercial Mixed -Use, Commercial/Light Industrial,
Heavy Industrial, and Tukwila Valley South.
The uses that are allowed in the Low Density Residential District through a Conditional Use
Permit do not include animal kennels.
The fact that the code requires a conditional use permit to locate an animal kennel in the City,
clearly demonstrates that the City Council holds that there are adverse impacts with animal
kennels that must be mitigated through a public review process.
Steven M. Mullet, Mayor
Steve Lancaster, Director
The proposed business cannot meet the definition of a home occupation. TMC 18.06.430
defines a home occupation as an occupation or profession which is customarily incident to or
carried on in a dwelling place, and not one in which the use of the premises as dwelling place is
largely incidental to the occupation carried on by a member of the family residing with the
dwelling place provided, that:
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
1. There shall be no change in the outside appearance of the surrounding residential
development;
2. No home occupation shall be conducted in any accessory building;
3. Traffic generated by such home occupation shall not create a nuisance;
4. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odor, or electrical interference detectable to the normal sense
off the lot;
5. The business involves no more than on person who is not a resident of the dwelling;
and
6. An off street parking space shall be made available for any non - resident employee.
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Condition One g 7-1
The presence of a large number of dogs on the property would alter the appearance of the N
residential development. In order for a private property owner at a residence to have more than W
four cats, dogs, or any combination of the two they must obtain a hobby kennels license. Per z =.
King County Code, hobby kennels are intended for private use only and not for commercial z O
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The applicant has previously noted that heated and air - conditioned facilities would be provided. i v
The applicant also noted that kennels would be used. The use of these accessory structures „
violates condition one of the home occupation defination. z
The applicant cannot meet conditions one, two, three and four of TMC 18.06.430.
Condition Two
Condition Three
The applicant noted that he would have up to 12 dogs on the property. Thus there would be a
total of 24 trips per day. The applicant noted that he would be using a "separate site" that
customers would drop and pick up their pets and that he would than take the animals to the
property. The total number of trips would still remain the same, the only difference would be
whose car is generating the trips.
Condition Four
The noise generated by the home occupation would be detectable to the normal senses off the lot.
Noise associated with the proposed use would include but would not be limited to, barking dogs
and voice commands from the operators of the business.
Conclusion
The business license is being denied for the following reasons:
1. In the zones where animal kennels are allowed, they must obtain a conditional use permit.
Animal kennels are not permitted outright in any zone. The legislative intent of the City
Council clearly demonstrates that there are adverse impacts associated with Animal Kennels
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that must be mitigated through the conditional use permit process. Animal Kennels are not
listed as a permitted conditional use in the LDR zoning.
2. The proposed business does not meet the definition of a home occupation.
October 17, 2003
Mr. Eric Bendfelt
13301 56 Av S
Tukiwila WA 98178
Re: Your letter dated October 10, 2003
Dear Mr. Bendfelt:
City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M. Mullet, Mayor
I received your letter regarding opening a doggie day care at your home in Tukwila.
While I appreciate your desire to start a home -based business, I'm afraid the type of dog
care operation you describe cannot be conductedin a residential area.
Mr. Miles has consulted with me throughout consideration of your business license
request, so I am familiar with your proposal. Under Tukwila's zoning laws, home
occupations are limited to businesses that do not involve traffic, noise or other
neighborhood impacts beyond those typically associated with a residence. Your proposal
clearly meets the definition of "kennel" under the zoning code. The code is very specific
in limiting kennels to commercial and industrial areas.
For these reasons, the Planning Division has recommended denial of your business
license. Should you wish to discuss this directly, you may contact me at (206) 431 -3670.
Sincerely,
Steve Lancaster, Director
Department of Community Development
Cc: Brandon J. Miles, Assistant Planner
Jane Cantu, City Clerk
File
Phone: (206) 433 -1800 • City Hall Fax: (206) 433 -1833
10 /10 /03
Steve Lancaster
City of Tukwila
6200 Southcenter Blvd.
Tukwila,WA 98188
Dear Mr. Lancaster,
As you may or may not know I have recently applied for a business license
from the city of Tukwila. My name is Eric Bendfelt. I am trying to open up a
daycare for dogs. Mr. Miles denied my request due to noise. He is assuming
that the dogs will be constantly barking. I have been around dogs my whole
life. They usually bark because of boredom. These dogs will be supervised
at all times. There is also a de- barking collar on the market that works twice
as effective as shock collars. It is a citronella collar that sprays when a dog
barks. It usually takes two or three times for the dog to figure it out. It is
both harmless to the dog and the environment.
What I propose to you is let me give it a try for one year. If for some reason
anyone complains due to the noise then we will close our doors. I am
currently the Vice president of the weimaraner dog club and a responsible
dog owner. My wife is a police officer in the local area. I make these points
to let you know that we are responsible people and I would not let this
endeavor interrupt our great neighborhood in which I have lived for the past
ten years. Enclosed you will see a diagram of our yard and it's proximity to
the neighbors etc., whom all have 3 dogs on both sides of us. I have spoken
to everyone that might be bothered and they are all for the idea. Thanks for
your time and I do invite you to visit us and to take a closer look at our
layout.
Sincerely,
Eric Bendfelt
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NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN
THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT.
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9/26/03
Dear Mr. Miles,
I received your letter today. Thanks for the response. On what you have cited here, in the
definitions, I cannot read where I would be violating any of them. I have recently •
checked with other dog daycares and they do not use kennels, so I will not be setting up
any kennels, so that takes care of one objection.
By you assuming that the business would generate noise, you would actually have to
come to the property and hear the roar of I -5 in our backyard, or the trains thundering
down the tracks 200yards away with their whistles blaring at all hours of the day and
night, the airplanes that fly overhead at 4:00am daily and the rush of aircraft overhead
starting at 5:30 every evening. Talk about noise. It literally sounds as if they are going to
crash in your house. We are completely surrounded by commercial property. With the
golf course to the South, the park -n -ride & gas station to the West and the Harley
Davidson shop, restaurants, gas stations and hotels just '/4 mile North of our area. So for
you to say a couple dogs would make a little noise is ridiculous. I have 3 dogs to my left.
He has a neighbor to the left of him that starts up heavy equipment regularly and my
other neighbor also has 3 dogs, with her neighbor having a band that practices on a
regular basis at night.
My business would be conducted in the very back of our 2 acres lot, Monday —Friday
during the day only. It will be constantly supervised where barking would be at a
minimum.
The guidelines that are laid out would be in accordance:
1.We will not change the outside appearance.
2.We will not conduct business in an accessory bldg.
3. Traffic will not create a nuisance.
4. No equipment will be used causing noise, fumes, glare, odor etc.
5. The business would not involve more than one person who is a resident of the
dwelling.
6. We do have off - street parking.
So you can see, I feel I need a clearer explanation of why this would not work. I have
done my homework, talked to the neighbors, and members of city counsel and I have
been told it should not be a problem.
Thanks again for your time.
Sincerely,
Eric T Bendfelt
206 - 431 -3536
MEMO
TO:
FROM:
CC:
RE:
LOCATION:
DATE:
City Clerk
Brandon J. Miles, Assistant Planner sti\
Steve Lancaster, Director
Club -Dog Daycare Business License
13301 56 Avenue
October 9, 2003
After reviewing the business license for the above business the Planning Department cannot
approve the location of the business.
Discussion
The property in questions is zoned Low Density Residential (LDR). The purpose of the LDR
zoning is to provide low density family residential areas together with a full range of urban
infrastructure services in order to maintain stable residential neighborhoods, and to prevent
intrusions by incompatible land uses.
The proposed use is considered an animal kennel. Animal kennels are not allowed in the LDR
district. Animal Kennels are allowed in the following districts, with an approved conditional use
permit, Regional Commercial, Regional Commercial Mixed -Use, Commercial /Light Industrial,
Heavy Industrial, and Tukwila Valley South.
The uses that are allowed in the Low Density Residential District through a Conditional Use
Permit do not include animal kennels.
The fact that the code requires a conditional use permit to locate an animal kennel in the City,
clearly demonstrates that the City Council holds that there are adverse impacts with animal
kennels that must be mitigated through a public review process.
The proposed business cannot meet the definition of a home occupation. TMC 18.06.430
defines a home occupation as an occupation or profession which is customarily incident to or
carried on in a dwelling place, and not one in which the use of the premises as dwelling place is
largely incidental to the occupation carried on by a member of the family residing with the
dwelling place provided, that:
The applicant cannot meet conditions three and four of TMC 18.06.430. N p
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2
The applicant noted that he would have up to 12 dogs on the property. Thus there would be a
total of 24 trips per day. The applicant noted that he would be using a "separate site" that _ 3
customers would drop and pick up their pets and that he would than take the animals to the = w
property. The total number of trips would still remain the same, the only difference would be z !
whose car is generating the trips. z o
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The noise generated by the home occupation would be detectable to the normal senses off the lot. v
Noise associated with the proposed use would include barking dogs and voice commands from O N
the operators of the business. i °
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The business license is being denied for the following reasons: v
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Conclusion
1. There shall be no change in the outside appearance of the surrounding residential
development;
2. No home occupation shall be conducted in any accessory building;
3. Traffic generated by such home occupation shall not create a nuisance;
4. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odor, or electrical interference detectable to the normal sense
off the lot;
5. The business involves no more than on person who is not a resident of the dwelling;
and
6. An off street parking space shall be made available for any non - resident employee.
1. In the zones where animal kennels are allowed, they must obtain a conditional use permit.
Animal kennels are not permitted outright in any zone. The legislative intent of the City
Council clearly demonstrates that there are adverse impacts associated with Animal Kennels
that must be mitigated through the conditional use permit process. Animal Kennels are not
listed as a permitted conditional use in the LDR zoning.
2. The proposed business does not meet the definition of a home occupation.
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TO: File
FROM: Barbara
DATE: October 8, 2003
RE: Club -Dog Daycare
Talked to applicant before processing application, as DCD
had indicated to him previously that it would not be allowed.
Explained process to him and that fee is non - refundable. I also
advised him that when he initially called last month, I talked to
King County Animal Control who said that he would need to go
through the conditional use permit process with the City, and if
that was approved, he would need a hobby kennel license.
He felt he had resolved issues put forth by DCD (customers
coming to home and noise), and hadn't heard back from them
as to if there were other issues.
Mr. Bendfelt said he wanted to proceed with the application.
He indicated that he may speak to Steve Lancaster also, prior
to denial /hearing stage to resolve the matter.
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Barbara Saxton -
From: Bob Baker
To: Barbara Saxton
Date: 10/7/03 3:59PM
Subject: Brandon Called...
Said to tell you to accept the application relative to puppy day care (I think it was)...
We, the City, will deny it. The applicant can then appeal the denial if they want to.
Thanks.
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September 24, 2003
Eric Bendfelt
13301 56 Ave.
Seattle, WA 98178
City of Tukwila
Department of Community Development Steve Lancaster, Director
RE: Business Proposal
Dear Mr. Bendfelt:
Thank you for meeting with me and discussing your business proposal. The business is a dog day car, which
will be operated at your Tukwila residence.
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Your property is currently zoned Low Density Residential (LDR). The purpose of this zoning is to provide an D
area for single family residential dwellings while excluding other uses, such as commercial activities. Some N
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commercial activities are allowed in the LDR zones, provided they meet the home occupation requirements of • 0
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the Tukwila Municipal Code. W W
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The City defines a home occupation as an occupation or professional which is customarily incident to or u- ~O
carried on in a dwelling place, and not one in which the use of the premises as a dwelling place is largely W Z. co
incidental to the occupation carried on by a resident of the dwelling places provided, that: U
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1. There shall be no change in the outside appearance of the residential development;
2. No home occupation shall be conducted in any accessory building;
3. Traffic generated by such home occupations shall not create a nuisance;
4. No equipment or process shall be used in such home occupation which creates noise, vibration, glare,
fumes, odor, or electrical interference detectable to the normal senses of the lot;
5. The business involves no more than one person who is resident of the dwelling; and
6. An off - street parking space shall be made available for any non- resident employee.
business d : it r ' Even t
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appeal lll��l ate l:1lU(.i1JCll 'rvl li iiJl meet the i..�.J: iil t. home :,:LI?lifiiii. l...vaii it ��..�wi...,o
utilized other drop off points for the dogs, the business would most likely generate noise, such as dogs barking
that would be detectable to people on other properties. As you noted in your business proposal kennels would
be utilized to house the animals, City code prohibits the use of accessory structures for home occupations.
As the code currently stands a "dog daycare" would not be permitted in the LDR zone.
If you any questi• s, you can call (206) 431 -3684 or send an email to bmiles(a�ci.tukwila.wa.us.
Sincerely, I
Of
Brandon J. Miles
Assistant Planner
Steven M. Mullet, Mayor
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 -431 -3665
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ATTACHMENT "A"
Tukwila's definition: KENNEL 18.06.465
Kennel:
Kept:
"Kennel" means a place whe r more dogs or cats or
any combination thereof a
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1.) A shelter for a dog
2.) Boarding of dogs; boarding: to provide regular
meals & lodging.
3.) An establishment where dogs are bred, trained or
boarded.
1.) To detain
2.) To restrain
3.) To prevent or deter
4.) To hold back.
5.) ,To refrain from granting giving or allowing.
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History of King County Internati - .1 Airport Page 1 of 2
King County
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ROADWAYS' ' ALTERNATIVES' HAPPENINGS %AILPQi;t. :
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_Historic Highlights
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Historical highlights
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Updated: January 1, 2002
PLAN
Fri
In 1928, by an approval rate of 86 percent, King County voters
approved a $950,000 plan for construction of the region's first
municipal airport. Today, King County International Airport is one
of the busiest airports in the nation and it ranks among the most
successful public investments in state history.
Originally named in honor of Boeing Company
founder, William E. Boeing, the airport helped to
support the early growth of the Boeing Company
and throughout the 1930s, it served as a regional
center for the burgeoning industries of
commercial and recreational aviation.
On December 6, 1941, just one day prior to the attack on Pearl
Harbor, the airport was closed to the public and taken over by
the federal government because of its strategic location and its
importance as a Boeing production center. During World War II,
the airport was devoted to the production of thousands of B -17
and B -29 bombers, which played key roles in the Allied war
effort.
Today, King County International
Airport is one of the busiest general aviation airports in the
nation, serving about 375,000 flights each year and a wide
variety of aircraft, ranging from small recreational airplanes to
helicopters, corporate jets, cargo carriers, Boeing planes and
military aircraft.
The airport is owned by the taxpayers and managed by King
County Department of Transportation, Airport Division. It is
financed by fees paid by airport tenants and customers, and
receives no general tax revenues.
Read King County International Airport's Historical Highlights!_
King County International Airport I Maps_ & Directions I Current Operathons I Noise Programs I Education I
History_ I Master Plan I Cprnmunity Outreach
http://www.metrokc.gov/airport/history/
l ierVICOs
After the war, Boeing Field reopened
for civilian use and it served as the
area's primary passenger airport until
the development of Seattle- Tacoma
International Airport in the late 1940s
and early 1950s.
11/11/03
Station
---Southbound - (M-F)
Seattle
4:55 p.m.
5:10 p.m.
5:35 p.m.
Tukwila
5:11 p.m.
5:26 p.m.
5:51 p.m.
Kent
5:18 p.m.
5:33 p.m.
5:68 p.m.
Auburn
5:25 p.m.
5:40 p.m.
6:05 p.m.
Sumner
5:34 p.m.
5:49 p.m.
6:14 p.m.
Puyallup
5:38 p.m.
5:53 p.m.
6:18 p.m.
Tacoma
5:55 p.m.
6:10 p.m.
6:35 p.m.
Station
--Northbound - (M-F)
Tacoma
6:15 a.m.
6:30 a.m.
6:45 a.m.
Puyallup
6:27 a.m.
6:42 a.m.
6:57 a.m.
Sumner
6:32 a.m.
6:47 a.m.
7:02 a.m.
Auburn
6:40 a.m.
6:55 a.m.
7:10a.m.
Kent
6:47 a.m.
7:02 a.m.
7:17 a.m.
Tukwila
6:54 a.m.
7:09 a.m.
7:24 a.m.
Seattle
7:15 a.m.
7:35 a.m.
7:45 a.m.
Sounder commuter trains
le •
line
ww.soundltansd or
• TIMETABLES
-Special event service
• ROUTE MAPS;
STATION INFO
• FARES;PASSES
• RIDER ALERTS
• RIDER INFORMATION
• FACTS
kt•:# OTT. ' ' •
_
JICIME
PLANS S PROJECTS r
Bi..Pf) OF rIRE TOR ANIS R ED ORTS CTING:1: Fvf CCP!! 3: 1
C F. P.
ST EYPRESS
TI IN L S
. . . •
Sounder timetables
Effective Sept. 29, 2003- Jan. 30, 2004
September 29, 2003
No service on Saturdays, Sundays and holidays (New Years, Memorial Day, 4th of July,
Labor Day, Thanksgiving, and Christmas). Click hem for Holiday Service Schedules.
Bus routes that connect with Sounder service.
For King County bus schedule information, click here or call 206.553-
3000.
For Pierce Transit bus schedule information, click here or call
253.581.8000.
For Sound Transit bus schedule information, click here or call
1.888.889.6368.
http://www.soundtransit.org/sounder/timetables/9-30-02Timetables.htm
•
Page 1 of 2
1 1 /11/03
.meterwmr.
Will the citronella anti bark col' make my dog stop barking? : Page 1 of 2
Stop dog barking
Training your dog
to stop barking
Barking by
frightened dogs
Barking by old
confused dogs
Barkingj_
unmanageable
dogs
Barking by
uncontrollable
dogs
Gentle Spray citronella anti - bark collar
The Gentle Spray citronella anti bark collar is the most effective
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When your dog barks, the collar sprays a mist of citronella scent
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studies have shown that citronella anti bark collars are twice as
effective as shock collars. We can't guarantee that the Gentle
Spray citronella anti bark collar will work for your dog, but
nearly all our customers use them successfully.
If these things are so great, why aren't they returnable?
Good question. Based on our own experience and that of our
customers, it seems that 85% of the time these collars work
immediately as advertised, first try right out of the box. About
12% of the time, they will work fine but require a little effort.
The collar may need adjustment so that it sprays in front of
your dog's nose, not into his fur. If you have a hard- headed
dog who has figured out that barking continually will
eventually empty the collar, you may need to spend your next
weekend continually refilling it. We genuinely believe that
with a little effort these collars will work for nearly all
physically and mentally normal dogs. However, when the
collars are fully returnable many people don't even try - they
just send the collar back. This leaves us with about 10% returns,
nearly all of them unnecessary. We can't deal with that many
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about the barking problem and your dog does not match any of
the following categories, you can be reasonably sure that the
collar will work for you but we can't guarantee it.
We do not recommend collar if:
fuzzytummy .com/tellmebarkinghtm
shop for best price
1„1(6/03
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Cabins are approximately high..
a Cabin Cabin Cabin
#2 #3 #4
Steve
& Jill's
House
1 ▪ 2
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Duwamish River
venue Sout
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Title 5
BUSINESS LICENSES
AND REGULATIONS
Chapters:
5.04 Licenses Generally
5.08 Cabarets
5.10 Adult Cabarets
5.12 Peddlers /Solicitors
5.16 Card and Pool Rooms
5.20 Certain Gambling Activities Prohibited
5.32 Trailer Parks
5.36 Rock Quarries
5.40 Massage Establishments
5.44 Tow Truck Businesses
5.48 Amusement Centers and Devices
5.50 Pawnbrokers and Second Hand Dealers
5.52 Panoram Devices
5.56 Adult Entertainment Cabarets
5.60 Safety in Overnight Lodging.
Printed January 2, 2003
TITLE 5 — BUSINESS L'• NSES AND REGULATIONS
Chapter 5.04
LICENSES GENERALLY
Sections:
5.04.010 Definitions
5.04.020 Application and fees required
5.04.030 Renewal
5.04.040 Prorating fee
5.04.050 Fee increase for late acquisition or renewal
5.04.060 Transferability
5.04.070 Change in nature of business
5.04.080 Required - Display
5.04.090 Exemption
5.04.100 Failure to pay fee
5.04.110 Denial - Revocation
5.04.112 Appeal of notice of denial, suspension or
revocation
5.04.114 Violations
5.04.115 Penalties
5.04.116 Effect of denial or revocation
5.04.120 Regulation adoption and publication - Failure
to comply
5.04.010 Definitions
For the purpose of this chapter, the following
definitions shall apply:
1. "Business" means any operation per-
formed by any person which involves the manufac-
turing or processing of materials of any type, the sale of
goods, wares or merchandise, the rendition of services
or the repair of goods, wares or merchandise to the
general public or a portion thereof for any consideration
at each established place of business, store, office, shop
or yard within the City limits.
2. "Person" means any individual, receiver,
agent, trustee in bankruptcy, trust, estate, firm, co -part-
nership, joint venture, company, joint stock company,
business trust, corporation, society, or group of individ-
uals acting as a unit, whether mutual, cooperative,
fraternal, nonprofit or otherwise.
3. "Person engaged in business" means the
owner or one primarily beneficially interested in
lawful business for profit and not employees.
(Ord. 1788 §1(part), 1996)
5.04.020 Application and fees required
A. Any person desiring to establish or conduct any
business enterprise or undertaking within the
corporate limits of the City shall first apply to the City
Clerk for a license to conduct such business. The
application shall be upon a form furnished by the Clerk
on which the applicant shall state the company name
and address; the nature of the business activity or
activities in which he desires to engage; the place
where the business will be conducted; the number of
employees, whether full or part -time, on the payroll as
Page 5 -1
...t .mx�'rt!°.�i h ; X A.s�S 7 ,.1 %rrntinZ r.rrm, '.r,; r""—',
TUKWILA MUNICIPAL CODE
of January 1, or, if a new business, the number to be
employed on the opening date; and other information
pertaining to the business as required by the City.
B. The application must be accompanied by a
check, cash or money order for the amount of the
license fee. All fees will be based on the number of
employees, whether full or part -time, as follows:
0 - 5 $ 50.00
6 -100 100.00
101 and above 200.00
(Ord. 1788 §1(part), 1996)
5.04.030 Renewal
Upon review and approval of the application, the
City Clerk will issue a license to the applicant. The
license shall grant to the applicant the privilege to
conduct such business at a designated location in the
City. Such license may be renewed by payment of
the year's fee prior to January 1.
(Ord. 1788 §1(part), 1996)
5.04.040 Prorating fee
The license fee set forth in this chapter shall be for
the calendar year, and each person engaged in business
must pay the full license fee either for the current year
or portion thereof during which year or portion thereof
he engages in business.
(Ord. 1788 §1(part), 1996)
5.04.050 Fee for late acquisition or renewal
The license fee shall be increased for failure to
acquire a license within 30 days of commencing
business operations or for failure to renew said license
within 30 days of expiration date in the following
amounts: First 30 days, $20.00; each 30 days
thereafter, $20.00.
(Ord. 1788 §1(part), 1996)
5.04.060 Transferability
The license granted in pursuance hereof shall be
personal to the licensee and it shall not be assignable or
transferable to any other person.
(Ord. 1788 §1(part), 1996)
5.04.070 Change in nature of business
The license granted in pursuance hereof shall be
used to conduct the business or type of business at the
designated address for which such license is issued.
Any change in the nature of the business shall
necessitate a renewed application to the Council.
(Ord. 1788 §1(part), 1996)
5.04.080 Required - Display
It is unlawful for any person to engage in or carry
on any business activity in the City without first
procuring a license as provided in this chapter. The
license shall thereafter be prominently displayed in the
place of business of the applicant.
(Ord. 1788 §1(part), 1996)
Page 5 -2
5.04.090 Exemption
Nothing in this chapter shall be construed to
require a license for any farmer, gardener, or other
person to -sell, deliver or peddle any fruits, vegetables,
berries, butter, eggs, fish, milk, poultry, meats or any
farm produce or edibles raised, caught, produced or
manufactured by such person in any place within the
State.
(Ord. 1788 §1(part), 1996)
5.04.100 Failure to pay fee
If any person engaged in business fails or refuses to
pay the license fee for any year as herein provided, he
shall not be granted a license for the current year until
such delinquent license fees as set forth in TMC
5.04.050 have been paid, in addition to the current
years' required fee. Such fees may be collected by the
City by proper legal action brought for that purpose if
any person engaged in business fails or refuses to pay
the license fee. This remedy is cumulative and not
exclusive.
(Ord. 1788 §1(part), 1996)
5.04.110 Denial - Revocation
A. The City Clerk may deny or revoke any
license under this chapter for a period of up to one
year, where one or more of the following conditions
exist:
1: The license was procured by fraud or by a
false or misleading representation of fact in the
application, or in any report or record required to be
filed with the City Clerk;
2. The building, structure, equipment, opera-
tion or location of the business for which the license
was issued does not comply with the requirements or
standards of the Tukwila Municipal Code;
3. The license holder, his or her employee,
agent, partner, director, officer or manager has
knowingly violated any provisions of any chapter of
the Tukwila Municipal Code, or has knowingly
permitted, failed to prevent, or has otherwise allowed a
violation of any of the provisions of any chapter of the
Tukwila Municipal Code to occur on his or her
business premises.
B. Upon determination that grounds for denial,
suspension or revocation of a license exist, the City
Clerk shall send the license holder a Notice of Denial,
Suspension or Revocation. Grounds for denial,
suspension or revocation include, repetition of a
violation of any provision of the Tukwila Municipal
Code that has been accompanied by a warning notice
of such violation or previous notice of the violation.
The Notice of Denial, Suspension or Revocation shall
set forth the grounds for denial, suspension or
revocation and a statement advising that the person
may appeal from the Notice of Denial, Suspension or
Revocation to the Hearing Officer, provided that the
appeal is made in writing and filed with the City Clerk
Printed January 2, 2003
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within ten days from the date of receipt of the Notice of
Denial, Suspension or Revocation, and that failure to so
appeal shall constitute a waiver of all rights to any
additional administrative hearing or determination on
the matter. Upon issuance of such Notice, the license
is suspended or revoked and is no longer valid and
current, unless appealed as provided in this chapter, in
which case the effect of the suspension or the
revocation is stayed pending the outcome of the appeal.
C. Receipt of the Notice of Denial, Suspension or
Revocation. The Notice of Denial, Suspension or
Revocation shall be served upon the license holder
either personally or by mailing a copy of such Notice
by certified mail, postage prepaid, return receipt
requested to such license holder to his or her last
known address as provided in the license application.
Alternatively, the Notice may be posted upon the
premises where such license holder conducts his or
her business, which is the subject of the denied or
revoked license. •
(Ord. 1788 §1(part), 1996)
5.04.112 Appeal of Notice of Denial, Suspension
or Revocation
Appeals from a Notice of Denial, Suspension or
Revocation under this chapter shall be conducted in the
same manner as appeals from a "Notice and Order"
under Tukwila Municipal Code Chapter 8.45.
(Ord. 1788 §1(part), 1996)
5.04.114 Violations
A. A businesses' first violation of this chapter shall
result in a license suspension for 90 days.
B. A businesses' second violation of this chapter
shall result in a license suspension for 180 days.
C. A businesses' third violation of this chapter
shall result in the revocation of the license for one
year.
(Ord. 1788 §1(part), 1996)
5.04.115 Penalties
Any violation of this chapter, or failure to comply
with any of the requirements of this chapter, shall be
subject to the penalties prescribed in Chapter 8.45 of
the Tukwila Municipal Code ( "Enforcement ") and
shall be imposed pursuant to the procedures and
conditions set forth in that chapter.
(Ord. 1838 §3, 1998)
5.04.116 Effect of Denial or Revocation
No person or business may reapply for a business
license merely by renaming the business. The denial
or revocation of a license applies to any business
entity, regardless of its name, that is operating under
the same ownership and /or management and engages
in substantially the same type of business enterprise as
that of a business that has been previously denied a
Printed January 2, 2003
TITLE 5 — BUSINESS L" ENSES AND REGULATIONS
license or has had its license revoked under this
chapter within a year of such application for a license.
(Ord. 1788 §1(part), 1996)
5.04.120 Regulation adoption and publication -
Failure to comply
The City Clerk shall have the power and it shall be
her duty from time to time to adopt, publish and
enforce rules and regulations not inconsistent with this
chapter or with the law, for the purpose of carrying out
the provisions hereof, and it is unlawful for any person
to violate or fail to comply with any such rule or
regulation.
(Ord. 1788 §1(part), 1996)
Page 5 -3
TUKWILA MUNICIPAL CODE
Chapter 5.08
CABARETS
Sections:
5.08.010 Definitions
5.08.020 Chapter exemption
5.08.030 Cabaret license required - Fee
5.08.040 Manager's licenses and entertainer's licenses
- Fees - Terms - Assignments - Renewals
5.08.050 License application procedure
5.08.060 Grounds for denial of application
5.08.070 Revocation or suspension of licenses
5.08.080 Appeals and hearing
5.08.090 Minors - Employment
5.08.100 License posting
5.08.110 Hours of operation - Penalty for violation
5.08.120 Complaint investigation
5.08.010 Definitions
When used in this chapter and unless otherwise
distinctly expressed, the following words and phrases
shall have the meaning set out in this section:
1. "Cabaret" means the area in any hotel,
restaurant, cafe, lunchroom, tavern, or any other place
of public resort open for service to the public, or oper-
ated for gain or profit, where food and /or refreshments
are regularly served, and where theatrical perfor-
mances, dance or music, or any combination of the
aforesaid acts, is maintained or permitted at a minimum
of four events per month, and where access to said
area of persons is prohibited or limited by reasons of
age.
2. "Persons" include an individual, firm,
corporation, company, partnership, association, an
unincorporated association, or any person acting in a
fiduciary capacity.
3. "Manager" means any person who man-
ages, directs, administers, or is in charge of the affairs
and /or the conduct of any portion of any activity
occurring at any cabaret.
4. "Entertainer" means any person who per-
forms any exhibition or dance of any type within a
cabaret insofar as such exhibition or dance involves
exposure to view of any portion of the breast below
the top of the areola or any portion of the pubic hair,
anus, buttocks, vulva and /or genitals, whether or not
such person or anyone else charges or accepts a fee for
such exhibition or dance.
(Ord. 1586 §2(part), 1990)
5.08.020 Chapter exemption
This chapter shall not apply to any person conduct-
ing or engaging in a business providing entertainment
or amusement where any admission or similar
charges therefor are to be used exclusively for charita-
ble, eleemosynary, educational or religious purposes.
(Ord. 1586 §2(part), 1990)
Page 5-4
5.08.030 Cabaret license required - Fee
It is unlawful to conduct, open up, manage or
operate or maintain any cabaret as defined in TMC
5.08.010 within the City without a valid license to do
so to be known as the "cabaret license." The annual
license fee therefor shall be $300.00. The license fee
for a period of less than a year shall be the rate of
$75.00 for each quarterly period. Each such license
shall be nonassignable and nontransferable, and the fee
paid shall be nonrefundable.
(Ord. 1586 §2(part), 1990)
5.08.040 Manager's licenses and entertainer's
licenses - Fees - Terms - Assignments - Renewals
A. No person shall work as a manager at a cabaret
in the City without a current manager's license under
this chapter. No person shall work as an entertainer at
a cabaret in the City without a current entertainer's
license under this chapter.
B. The license year for either a manager's license
or an entertainer's license shall be from January 1 to
December 31 of each year. Each such license shall
expire at close of business or midnight, whichever is
earlier, on December 31 of each year.
C. The license fee for a manager's license or
entertainer's license is $75.00. The license fee for each
such license is payable for a full year only and is not
refundable.
D. A manager's license or entertainer's license
under this chapter shall not be assigned or transferred.
E. No person under 18 years of age may hold a
manager's license or entertainer's license under this
chapter.
F. In order to obtain renewal of a current man-
ager's license or entertainer's license for the next year,
a license holder must file an application for renewal
with the Clerk prior to expiration of the current license.
The renewal fee for each year is $75.00.
(Ord. 1648 §1, 1992; Ord. 1586 §2(part), 1990)
5.08.050 License application procedure
A. Cabaret License - An applicant for a cabaret
license shall make application therefor on the applica-
tion forms provided by the City Clerk. Each such
application form shall require the following informa-
tion:
1. The name, home address, home telephone
number, date and place of birth, and social security
number of the applicant, if the applicant is an individ-
ual;
2. The names, home addresses, home tele-
phone numbers, dates and places of birth, and social
security numbers of the officers and directors of the
applicant, if the applicant is a partnership. If the appli-
cant is any other type of business entity, then the
applicant shall provide the same information requested
in this subsection for all managers or other persons
who control the business decisions of that entity;
Printed January 2, 2003
'"4?Mt7!»•^Ar +x mom, s�., xarwren��A s /i; nSc s•rr•:,ewn;Y.r vrgtF ?F •
TUKWILA MUNICIPAL CODE
Chapter 8.45
ENFORCEMENT
Sections:
8.45.010 Purpose
8.45.020 Scope
8.45.030 Violations
8.45.040 Enforcement
8.45.050 Investigation, Civil Infraction Citations And
Notices Of Violation
8.45.060 Time In Which To Comply
8.45.070 Stop Work Orders.
8.45.080 Emergency Orders.
8.45.090 Appeal To Hearing Examiner
8.45.100 Penalties
8.45.010 Purpose
The purpose of this chapter is to establish an
efficient process for enforcement of code violations.
(Ord. 1838 §2(part), 1998)
8.45.020 Scope
The procedures set forth in this chapter shall be
utilized to enforce violations of the Tukwila Municipal
Code, as such violations are described within the
Code, and as this chapter is referenced throughout the
Code.
8.45.030 Violations
A. It is unlawful for any person to initiate,
maintain, or cause to be initiated or maintained, the use
of any structure, land or property within the City
without first obtaining the permits or authorizations
required for the use by the applicable provisions of any
of the Tukwila Municipal Code.
B. It is unlawful for any person to use, construct,
locate, demolish or cause to be used, constructed,
located, or demolished, any structure, land, or property
within the City in any manner that is not permitted by
the terms of any permit or authorization issued
pursuant to the applicable provisions of the Tukwila
Municipal Code.
C. It is unlawful for any person to engage in or
conduct business within the City of Tukwila without
first obtaining appropriate business licensing.
D. It is unlawful to:
1. Remove or deface any sign, notice,
complaint or order required by or posted in accordance
with this chapter;
2. Misrepresent any material fact in any appli-
cation, plans, or other information submitted to obtain
any building or construction authorization; and,
Page 8 -30
(Ord. 1838 §2 (part), 1998)
3. Fail to comply with any of the require-
ments of an order to cease activity issued under this
chapter or issued pursuant to authority provided in
other chapters of the Tukwila Municipal Code.
E. It is unlawful to:
1. Maintain, allow, permit or fail to prevent a
nuisance as defined in Tukwila Municipal Code
Chapter 8.28 or as defined throughout the Tukwila
Municipal Code; and
2. Fail to comply with any applicable provi-
sions of the Tukwila Municipal Code, including, but
not limited to, the regulations and requirements found
in the following sections of the Tukwila Municipal
Code, as now in effect or as may be amended
hereafter:
TMC 5.04.115 Penalties.
8.22.290 Penalties.
8.28.260 Violation - Penalty.
9.32.200 Penalties.
9.44.130 Enforcement.
11.22.220 Violation - Penalties.
13.08.120 Enforcement.
14.06.070 Penalties.
14.16.110 Penalty for violation.
16.04.020 Uniform codes adopted.
16.16.072 Parking in fire lanes prohibited.
16.52.080 Penalties for noncompliance.
16.54.300 Penalties.
17.28.020 Penalties.
19.36.010 Penalty for violations.
(Ord. 1838 §2 (part), 19 98)
8.45.040 Enforcement
A. The Code Enforcement Officer(s) is /are the
person(s) authorized by the Mayor to enforce the civil
provisions of the Tukwila Municipal Code.
B. The Code Enforcement Officer shall have the
responsibility for enforcement of this chapter. The
Code Enforcement Officer may call upon the police,
fire, building, public works or other appropriate City
departments to assist in enforcement. As used in this
chapter, "Code Enforcement Officer" shall also mean
his or her duly authorized designee.
C. This chapter shall be enforced for the benefit of
the health, safety, and welfare of the general public,
and not for the benefit of any particular person or class
of persons.
D. It is the intent of this chapter to place the
obligation for complying with its requirements upon
the owner, occupier, tenant, manager, agent, or other
person responsible for the condition of land and
buildings situated within the City of Tukwila and
within the scope of the Tukwila Municipal Code.
E. No provision or any term used in this chapter
is intended to impose any duty upon the City or any of
its officers or employees which would subject them to
damages in a civil action.
(Ord. 1838 §2(part), 1998)
Printed January 2, 2003
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Chapter 8.40
CRIMES RELATING TO PROPERTY
Sections: •
8.40.010 Theft, UIBC ,and Possession of Stolen
Property
8.40.020 Malicious Mischief and Obscuring Identity of
Machines
8.40.030 Injury or Destruction of Property
8.40.040 Trespass And Related Crimes
8.40.010 Theft, UIBC, and Possession Of Stolen
Property
The following statutes of the State of Washington
are adopted by reference:
RCW 9A.56.010 Definitions.
RCW 9A.56.020 Theft - Definition, defense.
RCW 9A.56.050 Theft in third degree.
RCW 9A.56.060
• (1)(2)(3)(5)
RCW 9A.56.140
Unlawful issuance of checks or drafts.
Possessing stolen property -
Definition, credit cards, presumption.
RCW 9A.56.170 Possessing stolen property in the
third degree.
RCW 9.54.130 Restoration of stolen property - Duty
of officers.
(Ord. 1363 §1(part), 1985)
8.40.020 Malicious Mischief and Obscuring
Identity of Machines
The following statutes of the State of Washington
are adopted by reference:
RCW 9A.48.090 Malicious mischief in the third
degree.
RCW 9A.48.100(1) Malicious mischief and physical
damage defined.
RCW 9A.56.180 Obscuring identify of a machine.
(Ord. 1363 §1(part), 1985)
8.40.030 Injury or Destruction of Property
It is unlawful for any person to wantonly destroy,
cut, alter, remove, deface, mark or write upon, or in
any manner injure any window, fence, gate, bridge,
dwelling, house, engine house, building, awning,
railing or any other property, public or private, not his
own, in an amount not exceeding $250.00.
(Ord. 1363 §1(part), 1985)
Printed January 2, 2003
TITLE 8 — PUBLIC F'. 1%CE, MORALS AND SAFETY
8.40.040 Trespass and Related Crimes
The following statutes of the State of Washington
are adopted by reference:
RCW 9A.52.010 Definitions.
RCW 9A.52.060 Making or having burglary tools.
RCW 9A.52.070 Criminal trespass in the first degree.
RCW 9A.52.080 Criminal trespass in the second
degree.
RCW 9A.52.090 Criminal trespass - Defenses.
RCW 9A.52.100 Vehicle prowling.
RCW 9A.52.120 Computer trespass in the second
degree.
RCW 9A.52.130 Computer trespass - Commission of
other crime.
(Ord. 1363 §1(part), 1985)
Page 8 -29
r
8.45.050 Investigation, Civil Infraction Citations
and Notices of Violation
A. AUTHORITY: Upon presentation of proper
credentials, the Code Enforcement Officer may, with
the consent of the owner or occupier of a building or
premises enter at reasonable times any building or
premises in order to perform the duties imposed by
this chapter.
B. INVESTIGATION: The Code Enforcement
Officer shall investigate any structure or use which he
or she reasonably believes does not comply with the
applicable standards and requirements of the Tukwila
Municipal Code.
C. CIVIL INFRACTION CITATION: If after
investigation, or after the complaint of residents or
others, the Code Enforcement Officer has probable
cause to believe that the applicable standards or
requirements of the Tukwila Municipal Code have
been violated, the Code Enforcement Officer may
issue a civil infraction citation in accordance with RCW
7.80, which is incorporated herein by this reference,
upon the owner, tenant, occupier, manager, agent, or
other person responsible for the condition.
D. NOTICE OF VIOLATION: Alternatively, after
investigation, or based upon the complaint of residents
or others, the Code Enforcement Officer may serve a
Notice of Violation upon the owner, tenant, occupier,
manager, agent, or other person responsible for the
condition. The Notice of Violation shall contain the
following information:
1. A statement of each standard, code
provision or requirement violated;
2. What corrective action, if any, is necessary
to comply with the standards, code provision or
requirement; and,
3. A reasonable time for compliance.
4. An explanation of the appeal process and
the specific information required to file an appeal.
E. SERVICE OF A NOTICE OF VIOLATION: A
Notice of Violation shall be served on the owner,
tenant, occupier, manager, agent, or other person
responsible for the condition by personal service,
registered mail, or certified mail with return receipt
requested, addressed to the last known address of such
person. If, after a reasonable search and reasonable
efforts are made to obtain service, the whereabouts of
the person(s) is unknown or service cannot be
accomplished and the Code Enforcement Officer
makes an affidavit to that effect, then service of the
notice upon such person(s) may be made by:
1. Publishing the notice once each week for
two consecutive weeks in the City's official news-
paper; and
2. Mailing a copy of the notice to each person
named on the Notice of Violation by first class mail to
the last known address if known or, if unknown, to
the address of the property involved in the
proceedings.
Printed January 2, 2003
TITLE 8 — PUBLIC PEACE, MORALS AND SAFETY
F. POSTING: A copy of the notice shall be posted
at a conspicuous place on the property, unless posting
the notice is not physically possible.
G. AMENDMENT: A Notice of Violation may be
amended at any time in order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated
violation.
(Ord. 1838 §2(part), 1998)
8.45.060 Time in Which to Comply
A. CIVIL INFRACTION CITATIONS: Civil infrac-
tion citations will be issued and processed in accor-
dance with RCW 7.80, which is incorporated herein by
reference. The Tukwila Municipal Court shall have
jurisdiction over all civil infraction citations issued
under this chapter.
B. DETERMINATION OF TIME FOR COMPLI-
ANCE WITH NOTICES OF VIOLATION: Persons
receiving a Notice of Violation shall rectify the code
violations identified within the time period specified by
the Code Enforcement Officer pursuant to TMC
8.45.050C.
C. ORDER BECOMES FINAL UNLESS
APPEALED: Unless an appeal is filed with the Code
Enforcement Officer for hearing before the Hearing
Examiner in accordance with TMC 8.45.090A, the
Notice of Violation shall become the final order of the
Code Enforcement Officer. A copy of the notice may
be filed and recorded with the King County Recorder.
(Ord. 1838 §2(part), 1998)
8.45.070 Stop Work Orders
Whenever a continuing violation of this Code will
materially impair the Code Enforcement Officer's
ability to secure compliance with this Code, or when
the continuing violation threatens the health or safety
of the public, the Code Enforcement Officer may issue
a Stop Work Order specifying the violation and
prohibiting any work or other activity at the site. Any
violation of a Stop Work Order is hereby declared to be
a nuisance, and the Code Enforcement Officer is
authorized to enjoin or abate such nuisance summarily
by any legal or equitable means as may be available.
The costs for the injunction or abatement shall be
recovered by the City from the owner, tenant,
occupant, manager, agent, or other responsible person
in the manner provided by law.
(Ord. 1838 §2(part), 1998)
8.45.080 Emergency Orders
Whenever any use or activity in violation of the
Tukwila Municipal Code threatens the health and •
safety of the occupants of the premises or any member
of the public, the Code Enforcement Officer may issue
an Emergency Order directing that the use or activity
be discontinued and the condition causing the threat to
the public health and safety be corrected. The
Page 8 -31
TUKWILA MUNICIPAL CODE
Emergency Order shall specify the time for compliance
and shall be posted in a conspicuous place on the
property, if posting is physically possible. Any
condition described in the Emergency Order which is
not corrected within the time specified is hereby
declared to be a public nuisance and the Code
Enforcement Officer is authorized to enjoin or abate
such nuisance summarily by any legal or equitable
means as may be available. The cost of such
abatement shall be recovered from the owner, tenant,
occupant, manager, agent, or other person responsible
in the manner provided by law.
(Ord. 1838 §2(part), 1998)
8.45.090 Appeal to Hearing Examiner
A. The person incurring the penalty described in a
Notice of Violation issued by the Code Enforcement
Officer pursuant to TMC 8.45.050C may obtain an
appeal of the Notice by requesting such appeal within
ten calendar days after receiving or otherwise being
served with the Notice pursuant to TMC 8.45.050.
When the last day of the period so computed is a
Saturday, Sunday or federal or City holiday, the period
shall run until 4:30PM on the next business day. The
request shall be in writing, and upon receipt of the
appeal request, the Code Enforcement Office shall
schedule an appeal hearing before the Hearing
Examiner. Notice of the hearing shall be sent to the
appellant and /or the person(s) named on the Notice of
Violation under the procedures described in TMC
8.45.050D or as may be otherwise requested by the
appealing party.
B. At or after the appeal hearing, the Hearing
Examiner may:
1. Sustain the Notice of Violation;
2. Withdraw the Notice of Violation;
3. Continue the review to a date certain for
receipt of additional information; or
4. Modify the Notice of Violation, which may
include an extension of the compliance date.
C. The Hearing Examiner shall issue a written
decision within 14 days of the date of the completion of
the review and shall cause the same to be sent to the
person(s) named on the Notice of Violation under the
same procedures described in TMC 8.45.050D or as
otherwise directed by the appealing party.
D. The decision of the Hearing Examiner shall be
final and conclusive unless appealed. In order to
appeal the decision of the Hearing Examiner, a person
with standing to appeal must file a land use petition, as
provided in RCW 36.70C, within 21 days of the
issuance of the Hearing Examiner's decision. The cost
for transcription of all records ordered certified by the
superior court for such review shall be borne by the
appellant.
(Ord. 1838 §2(part), 1998)
Page 8 -32
8.45.100 Penalties
A. VIOLATIONS OF THE TUKWILA MUNICIPAL
CODE: -
1. Civil Infraction Citation: Any person
violating or failing to comply with the provisions of the
Tukwila Municipal Code, may be issued a civil
infraction citation pursuant to TMC 8.45.050B. Each
civil infraction shall carry with it a monetary penalty of
$100.00 for the first violation, $175.00 for a second
violation of the same nature or a continuing violation,
and $250.00 for a third or subsequent violation of the
same nature or a continuing violation.
2. Notice of Violation:
a. Any person violating or failing to
comply with the provisions of the Tukwila Municipal
Code, may, in the alternative, be issued a Notice of
Violation which shall carry with it a cumulative
monetary penalty of $500.00 per day for each violation
from the date set for compliance until compliance with
the Notice of Violation or order is achieved.
b. In addition to any penalty which may
be imposed by the City, any person violating or failing
to comply with any of the provisions of the Tukwila
Municipal Code shall be liable for all damage to public
or private property arising from such violation,
including the cost of restoring the affected area to its
condition prior to the violation.
c. The penalty imposed by this section
under a Notice of Violation may be collected by civil
action brought in the name of the City. The Code
Enforcement Officer may notify the City Attorney of
the name of any person subject to the penalty, and the
City Attorney may, with the assistance of the Code
Enforcement Officer, take appropriate action to collect
the penalty.
B. ADDITIONAL RELIEF: The Code Enforcement
Officer may seek legal or equitable relief to enjoin any
acts or practices and abate any condition which
constitutes or will constitute a violation of the Tukwila
Municipal Code. The remedies provided in this
chapter are cumulative and shall be in addition to any
other remedy provided by law.
C. SUBDIVISION VIOLATIONS: Any person,
firm, corporation, or association or any agent of any
person, firm, corporation, or association who violates
any provision of RCW 58.17 or Tukwila Municipal
Code Title 17, Subdivisions, relating to the sale, offer for
sale, lease, or transfer of any lot, tract, or parcel of land,
shall be guilty of a gross misdemeanor; and each sale,
offer for sale, lease or transfer of each separate lot, tract,
or parcel of land in violation of any provision of RCW
58.17 or Tukwila Municipal Code Title 17, Subdivi-
sions, shall be deemed a separate and distinct offense.
(Ord. 1838 §2(part), 19 98)
Printed January 2, 2003
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ANIMAL CONTROL SECTION 11.02.010 - 11.02.030
Chapter 11.02
ANIMAL CONTROL SECTION
Sections:
11.02.010 Established.
11.02.020 Office of manager created - compensation.
11.02.030 Contract - Authorization.
11.02.010 Established. There is established an animal control section in the records, elections
and licensing services division. The animal control section is by this chapter designated the agency
authorized to enforce animal control laws. (Ord. 14498 § 6, 2002: Ord. 1361 § 4, 1972: Ord. 1269 § 1,
1972).
11.02.020 Office of manager created - compensation. There is established within the animal
control section the position of "manager- animal control section" to be compensated at a rate established in
accordance with county personnel policies. (Ord. 14498 § 7, 2002: Ord. 6370 § 1, 1983: Ord. 1269 § 3,
1972).
11.02.030 Contract - 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 control, and with other legal entities for the purpose of dead animal
disposal. (Ord. 6370 § 2, 1983: Ord. 1370 § 1, 1972).
Sections:
Chapter 11.04
ANIMAL CONTROL REGULATIONS
I. GENERAL PROVISIONS
11.04.010 Purpose and scope.
11.04.020 Definitions.
II. LICENSING
11.04.030 Pet licenses required.
11.04.033 Animal shelter, kennel, grooming service, cattery and pet shop - General licenses –
Requirements.
11.04.035 License fees and penalties.
11.04.040 Animal shelter, kennel, grooming service, cattery and pet shop license - Required.
11.04.050 Animal shelter, cattery, pet shop, grooming service and kennel license - Information
required.
11.04.060 Hobby kennel or hobby cattery license - Required.
11.04.070 Animal shelters, kennels, hobby kennels, catteries, hobby catteries, and pet shops –
Reporting required.
11.04.080 Animal shelters, catteries, grooming services, kennels and pet shops - Inspection.
11 -3
(King County 12 -2002)
11.04 ANIMAL CONTROL
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.
11.04.150 Licenses, registration - Revocation, suspension or refusal to renew.
11.04.160 Licenses, registration - Revocation or refusal waiting period.
11.04.165 Private Animal Placement Permit - Individual.
11.04.167 Private Animal Placement Permit - Organizational.
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.
11.04.230 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 Cruelty to animals - unlawful acts designated.
11.04.260 Violations - Notice and order.
11.04.270 Appeals.
11.04.280 Redemption procedures.
11.04.290 Corrective action - Vicious animals.
11.04.300 Civil penalty and abatement costs - Liability of owner.
11.04.310 Costs of enforcement action.
11.04.320 Miscellaneous service charges.
11.04.330 Additional rules and regulations.
11.04.335 Waiver of fees and penalties.
11.04.340 Severability.
11.04.345 Private Animal Placement Permit.
11.04.400
11.04.410
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
11.04.590
IV. MANDATORY SPAY /NEUTER PROGRAM
Mandatory spaying and neutering.
Spay /neuter vouchers.
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.
Use of canvassing revenue.
11--4
(King County 12 -2002)
ANIMAL CONTROL REGULATIONS 11.04.010 - 11.04.020
I. GENERAL PROVISIONS
11.04.010 Purpose and scope.
A. It is declared the public policy of the county to secure and maintain such levels of animal control
as will protect 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 licensing dogs,
cats, animal shelters, hobby kennels, kennels and pet shops 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 provision contained in Title 21A, the
provision in Title 21A shall control. (Ord. 13148 § 1, 1998: Ord. 1396 Art. I § 2, 1972).
11.04.020 Definitions. In construing the provisions of 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 shall apply:
A. "Abate" means to terminate any violation by reasonable and lawful means determined by the
manager of the animal control authority in order that an owner or a person presumed to be the owner shall
comply with this chapter.
B. "Animal" means any living creature except Homo sapiens, insects and worms.
C. "Animal control authority" means the county animal control section of the records, elections and
licensing services division, acting alone or in concert with other municipalities for enforcement of the animal
control laws of the county and state and the shelter and welfare of animals.
D. "Animal control officer" means any individual employed, contracted or appointed by the animal
control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance
relating to the 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.
E. "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 has reached the age of six months.
F. "Domesticated animal" means those domestic beasts such as any dog, cat, rabbit, horse, mule,
ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic.
G. "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.
H. "Fostering" means obtaining unwanted dogs or cats and locating adoptive homes for those
licensed and spayed or neutered dogs or cats. Individuals who wish to foster dogs and cats, and who
through the activity shall routinely or from time to time harbor, keep or maintain more dogs and cats than
allowed in K.C.C. Title 21A, must obtain either an individual or organizational private animal placement
permit.
I. "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.
11 -5
(King County 12 -2002)
11.04.020 ANIMAL CONTROL
J. "Harbored, kept or maintained" means performing any of the acts of providing care, shelter,
protection, refuge, food or nourishment in such 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.
K. "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 allowed in K.C.C. Title 21A.
L..= "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,
':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 allowed
in K.C.C. Title 21A.
M. "Juvenile" means any dog or cat, altered or unaltered, that is under the age of six months.
N. "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 has reached the age of six months.
O. "Livestock" has the same meaning as in K.C.C. 21A.06.695.
P. "Owner" means any person having an interest in or right of possession to an animal or any
person having control, custody or possession of any animal, or by reason of the animal being seen residing
consistently at a location, shall be presumed to be the owner.
Q. "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.
R. "Person" means any individual, partnership, firm, joint stock company, corporation, association,
trust, estate or other legal entity.
S. "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.
T. "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 offers to sell or rent the live animals to the public
or to retail outlets.
U. "Private animal placement permit - individual" means a permit issued to persons engaged in
fostering dogs and cats who meet certain requirements to allow the persons to possess more dogs and cats
than is specified in K.C.C. Title 21A. Persons holding an individual private animal placement permit and
fostering dogs and cats must locate an adoptive home for a dog or cat within six months of acquisition of the
dog or cat.
V. "Private animal placement permit - organizational" means permits issued to organizations
engaged in fostering dogs and cats, the organizations having first met certain requirements. These
organizations may distribute these permits to individuals who will foster the dogs and cats in their homes.
The permits will allow the individuals to possess more dogs and cats than is specified in K.C.C. Title 21A.
The organizations must be approved by the director, and their permit holders must locate an adoptive home
for a dog or cat within six months of acquisition of the dog or cat.
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.
11-6
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(King County 12 -2002)
ANIMAL 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 z
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 :I w
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 6 U
owners, who do not meet the requirements for a hobby kennel license, to allow them to retain only those U 0
specific dogs and cats then in their possession until such time as the death or transfer of the animals U w
reduces the number they possess to the legal limit in K.C.C. Title 21A, the King County zoning code. u1 =
M. "Under control" means the animal is either under competent voice control or competent N �
signal control, or both, so as to be restrained from approaching any bystander or other animal and from O
causing or being the cause of physical property damage when off a leash or off the premises of the
owner.
BB. "Vicious" means the act of, or the propensity to do any act, endangering the safety of any 5
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. 14498 § 8, 2002: Ord. 11792 § 4, 1995: = O
Ord. 11404 § 1, 1994: Ord. 10809 § 1, 1992: Ord. 10423 § 1, 1992: Ord. 7923 § 1, 1987: Ord. 6370 § Z
3, 1983: Ord. 4610 § 1, 1979: Ord. 2428 § 1, 1975: Ord. 2085 § 1, 1974: Ord. 1396 Art. I § 3, 1972). E- O
II. LICENSING LIJ
11.04.030 Pet licenses required. U
A. LICENSE REQUIREMENTS. All dogs and cats eight weeks and over which are harbored, 0 -
kept or maintained in King County shall be licensed and registered annually.
B. LICENSE ISSUANCE. Pet licenses shall be issued by the animal control section and may be I U
issued by veterinarians, pet shops, catteries, and kennels and other approved locations upon application u _ H
and the payment of a license fee made payable to the department of finance according to the schedule u O
provided in K.C.C. 11.04.035 of this chapter: Ci,j Z
1. Pet licenses for unaltered dogs and cats will be valid for a term of one year from the date of U
issuance, expiring on the last day of the twelfth month. Pet licenses for altered dogs and cats will be valid ~O
for one year, expiring on the last day of the twelfth month. There is no proration of any license fees. z
Renewal licenses will retain the original expiration period whether renewed prior to, on, or after their
respective renewal month.
2. Juvenile licenses must be obtained for pets from eight weeks to six months of age.
3. King County residents sixty -five years of age or older may purchase a special permanent
license for the lifetime of cats or dogs which are neutered or spayed and for which they are the registered
owners when said animals are maintained at said owner's registered address. Such residents shall not
be required to annually purchase a new license for the lifetime of such licensed animals; provided, that no
person shall be issued more than three (3) special permanent animal licenses for any combination of
three (3) cats and dogs for which they are the registered owner.
4. Applications for a pet license shall be on forms provided by the animal control section.
11 -7
1.
Pet license
a.
Unaltered (dog or cat)
$ 55.00
b.
Altered
$17.00
2.
Juvenile pet license
$5.00
3.
Senior citizen - lifetime license
a.
Senior citizen - lifetime license - dog
$20.00
b.
Senior citizen - lifetime license - cat
$12.00
4.
Replacement tag
$5.00
5.
Transfer fee
$3.00
6.
Animal shelter
$250.00
7.
Kennel and cattery
a.
Hobby
$50.00
b.
Commercial
$250.00
8.
Pet shop
$250.00
(King County 12 -2002)
11.04.030 - 11.04.035 ANIMAL CONTROL
5. 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 animal control section.
6. Owners of dogs and /or cats which hold valid licenses from other jurisdictions and who move
into King County may transfer the license by paying a transfer fee. Such license shall maintain the
original expiration date.
7. It shall be a violation of this chapter for any person to sell or transfer ownership of any pet
without a pet license. The King County animal control authority shall be notified of the name, address,
and telephone number of the new owner by the person who sold or transferred the pet.
C. PENALTY. A late penalty shall be charged on all pet license applications, according to the
schedule provided in Section 11.04.035 of this chapter.
D. FEES COLLECTED. All fees and fines collected under this chapter shall be deposited in the
county current expense fund and shall be distributed according to the provisions in K.C.C. 11.04.035.
E. CHECKS. It shall be 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 contained in this
chapter. Any license(s) or penalties paid for with such 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. NONAPPLICABILITY. The provisions of this section shall not apply to dogs or cats in the
custody of a veterinarian or animal shelter or whose owners are nonresidents temporarily within the
county fora period not exceeding thirty days. (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 animal shelters, kennels, catteries, hobby kennels, hobby catteries, pet
shops, and grooming services must be licensed by the animal control authority. Licenses will be valid for
one year from the date of application. Fees shall be assessed as provided in K.C.C. 11.04.035. There is
no proration of the license fee. Renewal licenses shall retain the original expiration date whether
renewed prior to, on, or after their respective renewal month. Any person(s) who engages in more than
one of the services or maintains more than one of the types of facilities cited in this section shall pay
license fees as provided in K.C.C. 11.04.035. Veterinarians shall obtain the required licenses for any
service other than one which by law may be performed only by a veterinarian; provided, that no such
license shall be required for his or her possession of animals solely for the purposes of veterinary care.
(Ord. 10423 § 3, 1992).
11.04.035 License fees and penalties.
A. The following fees are applicable as provided in this chapter:
11-8
9.
Grooming service
$35.00
3.
a.
Operating alone
$150.00
2.
b.
When operated in conjunction with pet shop or
kennel or veterinarian
$150.00
10
Guard dog registration
$100.00
11.
Exotic pet
$90.00
a.
New
$500.00
4.
b.
Renewal
$250.00
12.
Service animal
no charge
13.
K -9 police dog
no charge
14.
Individual private animal placement permit
$25.00
15.
Organizational private animal placement permit
$10.00
2.
Spay /neuter deposit - per animal as required in
K.C.C. 11 .04.210 B.1. a
$35.00
3.
a.
Impound and redemption
$25.00
2.
a.
Dog, cats other small animals First offense
$30.00
3.
Second offense, within one year
$60.00
3.
Third offense within one year
$90.00
b.
Livestock
$100.00
4.
Kenneling - per 24 hours or portion thereof
$12.00
1.
Received after forty-five days of license expiration,
but before ninety days or failure to comply with
$10.00
a.
K.C.C. 11.04.030C
$25.00
2.
b.
Received after ninety days of license expiration, but
before one hundred thirty -five days
$20.00
3.
Received after one hundred thirty -five days of
license expiration
$40.00
1.
Dog leash law violations
a.
First notice
$25.00
b.
Successive violations within one year
$50.00
2.
Civil penalties
maximum $1,000.00
3.
Animal abandonment
$500.00
(King County 12 -2002)
ANIMAL CONTROL REGULATIONS
chapter:
B. The following late fees are applicable to license renewal applications as provided in this
C. The following penalties shall be assessed:
11.04.035
D. The following service fees apply as provided in this chapter:
1. Adoptions - per animal $75.00
This is a one -price fee that includes the fee for adopting an animal, the license fee and the
spaying
(Ord. 14521 § 2, 2002, Ord. 14498 § 9, 2002: Ord. 13335 § 2, 1998: Ord 12921 § 1, 1997: Ord 12542
§ 1, 1996: Ord. 11404 § 3, 1994: Ord. 10809 § 6, 1993: Ord. 10423 § 5 1992: Ord. 10168 § 2, 1991:
Ord. 7861 § 1, 1986: Ord. 7416 § 2, 1985).
Reviser's note: This section was amended by Ordinance 14521 § 2 and Ordinance 14498 § 9, each without reference to the other.
Both amendments are incorporated in the publication of this section in accordance with K.C.C. 1.02.090.
11 -9
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11.04.040 - 11.04.060 ANIMAL CONTROL
11.04.040 Animal shelter, kennel, grooming service cattery and pet shop license -
Required. It is unlawful for any person to keep or maintain any animal shelter, kennel, cattery, grooming
service or pet shop within King County without first obtaining a valid and subsisting license therefor. The
fee, as provided in K.C.C. 11.04.035, shall be assessed not upon individual animals but upon the owner
or keeper of an animal shelter, kennel, cattery, grooming service or pet shop. Each license and
certificate of inspection issued pursuant to this chapter shall be conspicuously displayed at the
establishment to which such license was issued. The license shall be dated and numbered and shall
bear the name of King County, Washington, and the name and address of the owner or keeper of the
establishment, and the expiration date of the license. The license shall run for a period of one year from
the date of purchase. (Ord. 10423 § 12, 1992: Ord. 10168 § 3, 1991: Ord. 4610 § 2, 1979: Ord. 1396
Art. II § 2, 1972).
11.04.050 Animal shelter cattery, pet shop, grooming service and kennel license -
Information required.
A. The applicant for an original animal shelter, cattery, pet shop, grooming service, or kennel
license shall present to the animal control authority a written statement from the county department of
development and environmental services that the establishment of the animal shelter, cattery, pet shop,
grooming service or kennel at the proposed site is not in violation of K.C.C. Title 21A, the King County
zoning code, has a legal nonconforming zoning status, or a conditional use permit has been issued for
the intended use.
B. Before an animal shelter, cattery, pet shop, grooming service or kennel license may be issued
by the animal control authority, a certificate of inspection from the Seattle -King County health department
or King County animal control section must be issued showing that the animal shelter, cattery, pet shop,
grooming service or kennel is in compliance with K.C.C. 11.04.080, 11.04.090, 11.04.100 and 11.04.110.
(Ord. 14498 § 10, 2002: Ord. 10423 § 13, 1992: Ord. 2428 § 2, 1975: Ord. 1396 Art. II § 3, 1972).
11.04.060 Hobby kennel or hobby cattery license - Required.
A. LICENSE REQUIRED. It is unlawful for any person to keep and maintain any dog or cat
within the county for the purposes of a hobby kennel or hobby cattery without annually obtaining a valid
and subsisting license therefor. The fee for such annual license shall be assessed upon the owner or
keeper of such animals and shall be as provided in K.C.C. 11.04.035. In addition, each animal shall be
licensed individually under provisions of K.C.C. 11.04.030B.
B. LIMITATION ON NUMBER OF DOGS AND CATS ALLOWED. Any hobby kennel or hobby
cattery license shall limit the total number of dogs and cats over six months of age kept by such hobby
kennel or hobby cattery based on the following guidelines:
1. Animal size;
2. Type and characteristics of the breed;
3. The amount of lot area; provided, that the maximum number shall not exceed twenty-five
where the lot area contains five acres or more; the maximum number shall not exceed ten where the lot
area contains thirty -five thousand square feet but less than five acres and the maximum number shall not
exceed five where the lot area is less than thirty -five thousand square feet;
4. The facility specifications /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. REQUIREMENTS. 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; provided 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 n: "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;
11 -10
(King County 12 -2002)
ANIMAL CONTROL REGULATIONS 11.04.060
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 director may require setback, additional setback, fencing, screening or soundproofing as
she or he deems necessary to insure the compatibility of the hobby kennel or hobby cattery with the
surrounding neighborhood. Factors to be considered in determining such compatibility are:
a. Statements regarding approval /disapproval of surrounding neighbors relative to maintenance
of a hobby kennel or hobby cattery at the address applied for;
b. Past history of animal 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 /dimensions in which the dogs and cats are to be maintained;
d. Animal size, type and characteristics of breed;
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;
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. Such shall consist of DHLPP
inoculation for dogs over three months of age and FVRCP for cats over two months of age, and rabies
inoculations for all dogs and cats over six months of age.
D. LICENSE ISSUANCE AND MAINTENANCE. Only when the director is satisfied that the
requirements of K.C.C. 11.04.0600.1 through 5 have been met, a hobby kennel or hobby cattery license
may be issued. The license will continue in full force throughout the license year unless, at anytime, the
hobby kennel or hobby cattery is maintained in such a manner as to:
1. Exceed the number of dogs and cats allowed at the hobby kennel by the animal control section;
or,
2. Fail to comply with any of the requirements of K.C.C. 11.04.060 C.1.through 5.
E. SPECIAL HOBBY KENNEL LICENSE
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 animal control authority which will allow them to retain the specific animals then in their
possession; provided that the following conditions are met:
a. The applicant must apply for the special hobby kennel license and individual licenses for each
dog and cat within 30 days of the enactment of Ordinance 10423, or at the time they are contacted by an
Animal Control Officer, King County License Inspector, or King County Pet License Canvasser.
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 imposed by Title 21A of the K.C.C. until such time as the death or transfer of such
animals reduces the number possessed to the legal limit set forth in Title 21A of the K.C.C.
3. The director of animal control may deny any application for a special hobby kennel license
based on past Animal Control Code violations by the applicant's dogs and cats, or complaints from
neighbors regarding the applicant's dogs and cats; or if the animal(s) is maintained in inhumane conditions.
(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).
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11.04.070 - 11.04.090
11.04.070 Animal shelters, kennels, hobby kennels, catteries, hobby catteries and pet shops
- Reporting required. Each animal shelter, kennel, hobby kennel, cattery, hobby cattery or pet shop shall
provide a list to the animal control authority, quarterly, based upon the calendar year, of all dogs and cats
given away or sold. The list shall include the origin, the age and type of dog or cat, and the name and
address of the person to whom the dog(s) or cat(s) was given or sold. (Ord. 10423 § 7, 1992: Ord. 2428 §
4, 1975: Ord. 1396 Art. II § 5, 1972).
11.04.080 Animal shelters, catteries, grooming services, kennels and pet shops - Inspection.
A. INSPECTION. It shall be the duty of the director or his agent of the Seattle -King County
department of public health or the animal control authority to make or cause to be made such inspections as
may be necessary to insure compliance with Sections 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 control authority at any reasonable time that admission is requested.
B. UNSANITARY CONDITIONS UNLAWFUL. 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 and /or safety and not in compliance with Sections
11.04.070, 11.04.090, 11.04.100 and 11.04.110 and may be cause for revocation or denial of such license.
(Ord. 10423 § 14, 1992: Ord. 2428 § 5, 1975: Ord. 1396 Art. II § 6, 1972).
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.
■
11 -12
(King County 12 -2002)
ANIMAL CONTROL
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ANIMAL CONTROL REGULATIONS 11.04.090 - 11.04.110
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 bird.
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;
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. II § 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 -13
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(King County 12 -2002)
11.04.130 - 11.04.160 ANIMAL CONTROL ;I-- w
11.04.130 Grooming parlors - Conditions. Grooming parlors shall: 6 m
A. Not board animals but keep only dogs and cats for a reasonable time in order to perform the U 0
business of grooming; w 0
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D. Not leave animals unattended before a dryer; 2
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; v>
G. All floors and walls in rooms, pens and cages used to retain animals or in areas where animals I f- W
are clipped, groomed or treated must be constructed of water impervious material that can readily be Z =
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 i Z O
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D I. Toilet and handwashing facilities with hot and cold running water must be conveniently available o
for personnel employed; 0 cn
J. Only equipment necessary to the operation of the licensed establishment shall be kept or stored 0 H
on the premises and shall only be stored in a sanitary or orderly manner; w w
K. All cages, pens, or kennels used for holding animals shall be kept in a clean and sanitary H
condition and must be disinfected on a routine basis. (Ord. 2428 § 9, 1975: Ord. 1396 Art. II § 11, 1972). �!- O
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11.04.140 Animal shelters, hobby kennels, kennels, pet shops, grooming parlors, guard dog Cu
purveyors, guard dog trainers and guard dog owners - Additional conditions. The director of the 1 F-
animal control authority is authorized to promulgate rules and regulations not in conflict with this title as they z
pertain to the conditions and operations of animal shelters, hobby kennels, kennels, pet shops, and
grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners. Such rules and
regulations may be enacted only after a public hearing has been held for such purpose. Enforcement of
these rules and regulations may be appealed to the county board of appeals. (Ord. 3232 § 10, 1977: Ord.
1396 Art. II § 12, 1972).
11.04.150 Licenses, registration - Revocation, suspension or refusal to renew. The animal
control authority may, in addition to other penalties provided in this title, revoke, suspend or refuse to renew
any animal shelter, hobby kennel, kennel, grooming parlor, pet shop, 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;
provided, however, enforcement of such revocation, suspension or refusal shall be stayed during the
pendency of an appeal filed pursuant to Section 11.04.260. (Ord. 3232 § 11, 1977: Ord. 2428 § 10, 1975:
Ord. 1396 Art. II § 13, 1972).
11.04.160 Licenses, registration - Revocation or refusal waiting period. No applicant shall be
issued an animal shelter, hobby kennel, kennel, grooming parlor, pet shop, guard dog purveyor, guard dog
trainer license or guard dog registration who has previously had such license or registration revoked or a
renewal refused, for a period of one year after the date of revocation or refusal and until such applicant
meets the requirements contained in Sections 11.04.070 through 11.04.110 or any other provision of this
title to the satisfaction of the animal control authority. (Ord. 3232 § 12, 1977: Ord. 1396 Art. II § 14, 1972).
11 -14
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(King County 12 -2002) _ H
ANIMAL CONTROL REGULATIONS 11.04.165 w
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11.04.165 Private Animal Placement Permit - Individual
A. PERMIT REQUIRED. Any person independently engaged in the fostering of dogs and cats who
routinely possesses more dogs and cats than are allowed in Title 21A K.C.C. must obtain an Individual
Private Animal Placement Permit from animal control. Permits shall be valid for one year from the date of
issuance, and may not be transferred.
B. QUALIFICATIONS. In order to qualify for an Individual Private Animal Placement Permit an
applicant must:
1. Maintain and care for dogs and cats in a humane and sanitary fashion in compliance with the
provisions of K.C.C. 11.04.090.
2. Reside where the fostering of dogs and cats is compatible with the surrounding neighborhood.
3. Agree to return stray or lost animals to their owners in accordance with the requirements of
K.C.C. 11.04.210 before placing such animals in an adoptive home.
4. Agree to spay /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 animal control, 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 Control Shelter based on the adoption procedures and guidelines used by the animal control
authority.
C. LIMITATION ON NUMBER OF DOGS AND CATS ALLOWED. Those holding an Individual
Private Animal Placement Permit shall be allowed to possess five foster animals above the limit that would
normally apply to their property under Title 21A King County Code.
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
animal control authority will review the situation to determine if the permit holder is complying with the
requirements of the permit. If the director 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 director determines that juvenile animals are present in such large numbers as to place the permit holder
out of compliance with the requirements of 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. INSPECTION, DENIAL AND REVOCATION OF PERMIT. The animal control authority shall
have the right to inspect the facilities of an applicant for an Individual Private Animal Placement Permit to
determine whether or not such a permit shall be issued. In addition, the animal control authority shall have
the right to periodically inspect the facilities of holders of Individual Private Animal Placement Permits to
insure compliance with this section. The animal control authority shall also have the right to deny or revoke
permits based on a failure to meet the above qualifications; animal control complaints (past, present or
future); and /or complaints regarding the maintenance of the Individual Private Animal Placement Permit by
neighbors. (Ord. 11792 § 6, 1995: Ord. 10809 § 3, 1993).
11 -15
(King County 12 -2002)
11.04.167 ANIMAL CONTROL
11.04.167 Private Animal Placement Permit - Organizational.
A. PERMIT REQUIRED. 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
allowed in Title 21A K.C.C. must obtain Organizational Private Animal Placement Permits from animal
control for each of those members. Organizations may purchase up to 5 Permits, or up 20 Permits per year.
Provided, however, that the director has the authority to issue more than 20 Permits to an organization,
when to do so would further the goals of the animal control section and be in the public interest. Permits
shall be valid for one year from the date of issuance, and may be transferred between members of the
organization.
B. QUALIFICATIONS. In order to qualify to distribute Organizational 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 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.
3. Agree that to the best of their ability they shall only issue permits to individuals who will:
a. Maintain and care for dogs and cats in a humane and sanitary fashion in compliance with the
provisions of K.C.C. 11.04.090.
b. Reside where the fostering of dogs and cats is compatible with the surrounding neighborhood.
c. Agree to return stray or lost animals to their owners in accordance with the requirements of
K.C.C. 11.04.210 before placing such animals in an adoptive home.
d. Spay /neuter and license each dog or cat and transfer the license of each animal to its adoptive
owner.
e. Coordinate their adoption process with animal control, 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
Control Shelter based on the adoption procedures and guidelines used by the animal control authority.
C. LIMITATION ON NUMBER OF DOGS AND CATS ALLOWED. Those holding an
Organizational Private Animal Placement Permit shall be allowed to foster up to five more dogs or cats
above the limit that would normally apply to their
property under Title 21A King County Code. Holders of hobby kennel licenses shall be allowed to foster five
more animals than are allowed by conditions of a hobby kennel permit.
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
animal control authority will review the situation to determine if the permit holder is complying with the
requirements of the permit. If the director 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 the limit of five
foster animals beyond the limit that would normally apply to their property under K.C.C. 21A.30.020 unless
the director determines that juvenile animals are present in such large numbers as to place the permit holder
out of compliance with the requirements of the permit.
11 -16
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ANIMAL CONTROL REGULATIONS 11.04.167 - 11.04.190
D. INSPECTION, DENIAL AND REVOCATION OF PERMIT. The animal control authority shall
have the right to inspect the facilities of an applicant for an Organizational Private Animal Placement Permit
to determine whether or not such a permit shall be issued. In addition, the animal control authority shall
have the right to periodically inspect the facilities of holders of Organizational Private Animal Placement
Permits to insure compliance with this Section, and to determine whether or not the organization as a whole
will be allowed to continue fostering dogs and cats. The animal control authority shall also have the right to
deny or revoke permits based on a failure to meet the above qualifications; animal control complaints (past,
present or future); and /or complaints regarding the maintenance of the Organizational Private Animal
Placement Permit by neighbors. (Ord. 11792 § 7, 1995: Ord. 10809 § 4, 1993).
111. ENFORCEMENT, PENALTIES AND PROCEDURES
11.04.170 Enforcement power.
A. The manager of the animal control authority and his or her authorized animal control officers are
authorized to take such lawful action as may be required to enforce the provisions of this chapter, Ordinance
10870, as amended, and K.C.C. Title 21A, as the provisions 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 animal control authority or his or her authorized animal 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 animal control authority and his or her authorized animal 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 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 or the authorized animal
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. 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).
11.04.180 Violations - Deemed nuisance - Abatement. All violations of this chapter are
detrimental to the public health, safety, and welfare and are public nuisances. All conditions which are
determined after review by the director of the animal control authority to be in violation of this chapter shall
be abated. (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 -17
(King County 12 -2002)
11.04.200 - 11.04.210 ANIMAL CONTROL
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 director plus billable costs of the animal control authority. The director, 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 will be enforced and collected in accordance with the
procedure specified in this chapter. (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 director of the animal control authority and his authorized representatives may apprehend
any animals found doing any of the acts defined as a public nuisance and /or being subjected to cruel
treatment as defined by law. After such animals are apprehended, the animal control authority shall
ascertain whether they are licensed, or otherwise identifiable. If reasonably possible, the animal control
authority shall return the animal to the owner together with a notice of violation of this chapter. If it is not
reasonably possible to immediately return a currently licensed animal to its owner, the animal control
authority 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 pursuant to 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; any other
animal impounded pursuant to this chapter shall be held for its owner at least seventy-two hours from the
time of impoundment. The county shall not sell any animals to research institutes or licensed dealers for
research purposes. Any animal suffering from serious injury or disease may be humanely destroyed, or, in
the discretion of the impounding authority, may be held for a longer period and redeemed by any person on
payment of charges not exceeding those prescribed herein.
B. Any animal not redeemed shall be treated in one of the following ways:
1. Made available for adoption at a fee of $7.50 per animal as provided in K.C.C. 11.04.035.
a. Any person may adopt an animal impounded pursuant to the provisions contained in this
chapter when all billable costs, redemption fees, penalties, and boarding costs incurred in such
impoundment are made payable to the county finance director, which may be accepted by the animal
control authority acting as agent for the county. As provided in K.C.C. 11.04.035, all dogs and cats over the
age of six months adopted from the King County animal shelter shall be spayed or neutered prior to
adoption. A spay /neuter deposit shall be charged for dogs and cats under the age of six months which are
too young to be spayed /neutered prior to adoption. This deposit will be returned to the adopting person
upon submission of proof that the sterilization was performed within six months from the date of adoption.
Failure to spay /neuter such dog or cat is a violation of this chapter and a breach of the adoption contract and
will result in the forfeiture of the adoption and return of the dog or cat to King County animal control for the
required spaying /neutering.
11 -18
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ANIMAL CONTROL REGULATIONS 11.04.210 - 11.04.230
b. The director shall have the authority to set administrative rules regarding the adoption of
animals from King County shelters.
2. Humanely destroyed by euthanasia.
C. The county shall not sell any animals for the purposes of medical research to any research
institute or any other purchasers.
D. Any unaltered dog or cat impounded more than once shall be spayed or neutered by either the
animal control authority prior to the release of the dog or cat, or, at the request of the owner, by the owner
of the dog or cat, provided the owner agrees to pay a cash deposit of $250 and provide 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 five days of release of the dog or cat to the owner.
If proof of neutering or spaying is not provided within five days, the animal control authority will have the
right to again impound the dog or cat to ensure that it is spayed or neutered. If the dog or cat is spayed or
neutered by the animal control authority, the cost of the spay or neuter shall be charged to the owner
upon redemption but shall be deducted from the impound /redemption fees otherwise required under this
chapter. (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 director of the animal control authority may seek legal or equitable relief to enjoin acts or practices and
abate any conditions which constitute a violation of this chapter or other regulations herein adopted. (Ord.
1396 Art. Ill § 6, 1972).
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 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, which 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
section 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 section
shall not apply to any blind person using a trained seeing -eye dog, to animal shows, exhibitions or organized
dog- training classes if at least twenty-four hours' advance notice has been given to the animal 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 section shall not apply to any blind person
using a trained seeing -eye dog, 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 control
authority by the persons requesting to hold the animal shows, exhibitions or organized dog- training classes;
E. A female domesticated animal, whether licensed or not, while in heat and accessible to other
animals for purposes other than controlled and planned breeding;
11 -19
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11.04.230 ANIMAL CONTROL
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. A 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
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
O. Animals running in packs. (Ord. 14498 § 12, 2002: Ord. 14498 § 12, 2002: Ord. 7923 § 3,
1987: Ord. 6370 § 8, 1983: Ord. 1396 Art. III § 7, 1972).
11 -20
(King County 12 -2002)
ANIMAL CONTROL REGULATIONS 11.04.235 - 11.04.260
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).
11.04.240 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 Cruelty to animals - unlawful acts designated. It is unlawful for any person to:
A. Willfully and cruelly injure or kill any animal by any means causing it fright or pain;
B. 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;
C. 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
D. 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. (Ord. 14498 § 13, 2002: Ord. 1396
Art. III § 8, 1972).
11.04.260 Violations - Notice and order.
A. Whenever the director or authorized animal control officer has found an animal maintained in
violation of this chapter, the director of the animal control authority shall commence proceedings to cause
the abatement of each violation.
B. The director or authorized animal 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 director or authorized animal 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;
11 -21
1
Title 7
AN I MALS
Chapters:
7.04 Animal Licensing and Regulations
7.08 Livestock, Small Animals and Fowl
TITLE 7 — ANIMALS
Chapter 7.04
ANIMAL LICENSING AND REGULATIONS
Sections:
7.04.010 Purpose
7.04.020 Definitions
7.04.030 General provisions and licensing
7.04.040 Dog, cat and pot bellied pig licenses, required
7.04.050 Pot bellied pigs
7.04.060 Exotic animals
7.04.070 Regulation of animals
7.04.080 Nuisance defined - Violation
7.04.090 Dangerous and potentially dangerous dog
regulation
7.04.100 Declaration -- impoundment and abatement
7.04.110 Cruelty to animals - Unlawful
7.04.120 Enforcement authority
7.04.130 Violations - Abatement and removal
authorized
7.04.140 Penalties
7.04.010 Purpose
It is the public policy of the City to secure and
maintain such levels of animal control as will protect
human health and safety and, to the greatest degree
practicable, will prevent injury to property and cruelty
to animal life. To this end, it is the purpose of this
chapter to provide a means of licensing dogs, cats, pot-
bellied pigs, exotic animals, animal shelters, hobby
kennels, kennels and pet shops, to control errant
animal behavior so that it shall not become a public
nuisance, and to prevent cruelty to animals.
(Ord. 1772 §1, 1996)
7.04.020 Definitions
A. Abatement means the termination of any
violation by reasonable and lawful means determined
by the director of the Animal Control Authority, in
order that the owner or a person presumed to be the
owner shall comply with this chapter.
B. Animal means any living creature except
Homo Sapiens, insects and worms.
C. 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.
D. Animal control officer means any individual
employed, contracted, or appointed by the Animal
Control Authority for the purpose of aiding in the
enforcement of this title or any other law or ordinance
relating to the licensing of animals, control of animals,
or seizure and impoundment of animals; and includes
Printed January 14, 2003 Page 7 -
TUKWILA MUNICIPAL CODE
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.
E. Board of Appeals means the King County
Animal Control Board of Appeals.
F. City shall mean the City of Tukwila.
G. County or King County shall be limited to
that portion of King County which is within the City
limits of the City.
H. Dangerous dog means any dog that, according
to the records of the appropriate authority:
1. Has inflicted severe injury on a human
being or a domestic animal without provocation on
public or private property; or
2. Has killed 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.
I. Dog pack means a group of two or more dogs
running upon either public or private property not that
of their owner in a state in which either their control or
ownership is in doubt or cannot readily be ascertained,
and when such dogs are not restrained or controlled.
J. Exotic animal means any of the following:
1. Venomous species of snakes capable of
inflicting serious physical harm or death to human
beings;
2. Non -human primates and prosimians;
3. Bears;
4. Non - domesticated species of felines;
5. Non- domesticated species of canines and
their hybrids, including wolf and coyote hybrids;
6. The order Crocodylia, including alligators,
crocodiles, caiman and gavials.
K. Juvenile means any dog or cat, altered or
unaltered, that is under the age of six months.
L. 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.
M. Person means any individual, partnership,
firm, joint stock company, corporation, association,
trust, estate, or other legal entity.
N. Pot - bellied pig means that type of American
swine commonly known as Vietnamese, Chinese, or
Asian pot - bellied pig (Sus Scrofa Bittatus).
0. Potentially dangerous dog means any dog
that when unprovoked:
1. Inflicts bites on a human or a domestic
animal either on public or private property, or
Page 7 -2
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2. Chases or approaches a person upon the
streets, sidewalks, or any public grounds in a menacing
fashion or apparent attitude of attack, or any dog with a
known propensity, tendency, or disposition to attack
unprovoked, to cause injury or otherwise to threaten
the safety of humans or domestic animals.
P. Proper enclosure means, while on the
owner's property, a dog shall be securely confined
indoors or in a securely enclosed and locked pen or
structure, suitable to prevent the entry of young
children and designed to prevent the animal from
escaping. Such pen or structure shall have secure
sides and a secure top, shall provide protection from
the elements for the dog and shall include sufficient
food and water for the animal's good health. If such
pen, kennel or other structure 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.
Q. Rules and regulations of the Animal
Control Authority means such rules and regulations
as may be adopted by the Animal Control Authority,
not inconsistent with the intent of this chapter.
R. Running at large means to be off the premises
of the owner and not under the immediate control of
the owner or other competent person authorized by
the owner, by means of a leash, cord or chain no
longer than eight feet except when in or on any
vehicle and securely confined to such vehicle.
S. Severe injury means any physical injury that
results in broken bones or lacerations requiring
multiple sutures or cosmetic surgery.
T. Service animal means any animal which 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.
U. Shelter means a facility which is used to
house or contain stray, homeless, abandoned or
unwanted animals, and which 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.
(Ord. 1812 §1, 1997; Ord 1772 §2, 1996)
7.04.030 General provisions and licensing
A. General Licensing Provisions - The follow-
ing sections of Chapter 11.04 Metropolitan King County
Code as now in effect, and as may be subsequently
amended, are hereby adopted by reference, except
that, unless the context indicates otherwise, the word
"county" and "King County" shall refer to the portion of
the county within the City of Tukwila boundaries, and
references to violations of the county code or county
Printed January 14, 2003
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11.04.020 Definitions, and in addition thereto, the
definitions set forth in TMC Section 2 of
this ordinance are adopted.
Animal shelter, kennel, grooming service,
cattery and pet shop license required.
Animal shelters, kennels and pet shops -
Reporting required.
Animal shelters, kennels
Inspections.
Animal shelters,
Conditions.
Animal shelters,
Indoor facilities.
Animal shelters,
Outdoor facilities.
Grooming parlors- Conditions.
Animal shelters, hobby kennels, kennels,
pet shops, grooming parlors, guard dog
purveyors, guard dog trainers and guard dog
owners - Additional conditions.
Licenses, registrations- Revocation,
suspension or refusal to renew.
Licenses, registration- Revocation or refusal
waiting period.
Private Animal
Individual.
11.04.167 Private Animal Placement Permit -
Organizational.
B. General Enforcement and Procedures -
The following sections of Chapter 11.04 Metropolitan
King County as now in effect, and as may be
subsequently amended, are hereby adopted by
reference, except that, unless the context indicates
otherwise, the word "county" and the words "King
County" shall refer to the portion of the county within
the City of Tukwila boundaries, and references to
violations of the county code or county ordinances
shall be deemed to be references to violations of City
ordinances:
11.04.170 Enforcement power.
11.04.180 Violations- Deemed nuisance - Abatement.
11.04.200 Violations- Civil Penalty.
11.04.210 Impounding.
11.04.220 Additional enforcement.
11.04.240 Unlawful acts against police department
dogs.
Redemption procedures.
Corrective action- Vicious animals.
Civil penalty and abatement costs- Liability
of owner.
Costs of additional enforcement.
Miscellaneous service charges.
Additional rules and regulations.
Waiver of fees and penalties.
Severability.
11.04.040
11.04.070
11.04.080
11.04.090
11.04.100
11.04.110
11.04.130
11.04.140
11.04.150
11.04.160
11.04.165
11.04.280
11.04.290
11.04.300
11.04.310
11.04.320
11.04.330
11.04.335
11.04.340
Printed January 14, 2003
to be references to
kennels,
kennels
kennels
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and pet shops-
and pet shops-
and pet shops-
and pet shops-
Placement Permit-
11.04.345
11.04.510
11.04.520
11.12
11.28
11.32
TITLE 7 — ANIMALS
Private Animal Placement Permit - Citizen
Complaint Process
Unaltered Dogs and Cats - Advertising
Requirements
Rabies Vaccination Required.
Rabies Control
Exotic Animals
Guard Dogs
(Ord. 1772 §3, 1996)
7.04.040 Dog, cat and pot bellied pig licenses,
required
A. Applicability. All dogs, cats, and pot- bellied
pigs eight weeks old and over, which are harbored,
kept or maintained in the City shall be licensed and
registered annually. However, dogs kept in kennels
need not be licensed annually while kept at such
kennel and while such kennel is duly licensed as
provided in King County Code 11.04.
B. Juvenile licenses. Juvenile licenses must be
obtained for all dogs and cats from eight weeks to six
months of age.
C. Dog and cat licenses, fees. Dog and cat
licenses shall be issued by the Animal Control
Authority upon application and payment of an annual
license fee made payable to the county comptroller
according to the schedule of fees adopted by the King
County Council, as now or hereafter amended.
1. Tukwila residents 65 years of age or older
shall be entitled to purchase special permanent licenses
for the lifetime of cats or dogs for which they are the
registered owners when said animals are maintained
at said owner's registered address. The special
permanent animal license fee will be available
provided that the owner provides written proof that the
animal has been spayed or neutered.
2. The annual license fee shall become due
and payable one year from the last day of the month of
issuance.
3. Applications for a dog or cat license shall be
on forms provided by the Animal Control Authority.
4. All license tags issued under this chapter
shall be securely affixed to a substantial collar, harness
or other means and shall be worn by the animal at all
times.
5. The Animal Control Authority is
authorized to collect a fee for a lost or stolen license tag
replacement.
D. Dog and cat licenses, penalty.
1. Penalties shall be assessed in cases of late
registration and licensing of dogs and cats kept and
maintained in the City as provided in the schedule
adopted by the King County Council for such penalties,
as now or hereafter amended.
2. It shall be a rebuttable presumption that an
animal has not been licensed unless a proof of
purchase within the preceding 30 days is presented to
the licensing officer or agent, or the animal's owner has
Page 7 -3
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TUKWILA MUNICIPAL CODE
moved into the City within the preceding 30 days, or
the animal has been under the age which requires a
license or other proof deemed acceptable in the
department's rules and regulations.
E. Dog and cat licenses, non - applicability. The
provisions of this chapter shall not apply to dogs used
by law enforcement agencies for police work, nor shall
it apply to dogs or cats in the custody of a veterinarian
or animal shelter or whose owners are nonresidents
temporarily within the City for a period not exceeding
30 days.
F. Mandatory spaying and neutering.
1. No person shall own or harbor any cat or
dog over the age of six months that has not been
spayed or neutered unless that person holds an
unaltered animal license for the animal pursuant to
King County animal control licensing provisions.
2. Guide dog puppies in training and police
service dogs are exempted from the provisions of this
section.
(Ord. 1812 §2, 1997; Ord. 1772 §4, 1996)
7.04.050 Pot bellied pigs
A. Licenses -
1. Pot - bellied pig licenses shall be issued by
the City of Tukwila upon application and payment of
an annual license fee made payable to the City of
Tukwila according to the schedule of fees approved by
the City Council. City residents must obtain a valid
license within 30 days of the pig's entry into the City,
or by the effective date of this ordinance.
2. In order to obtain a license for a pot - bellied
pig in Tukwila, the owner of the pig must present the
following: Proof that the pig is spayed or neutered;
certification by a licensed veterinarian that the pig has
current vaccinations; certification within the prior 30
days by a licensed veterinarian of the weight of the pig;
certification within the prior 30 days by a licensed
veterinarian that no tusk appears outside of the mouth
of the pig when the mouth is closed; and the address of
the property and description of the physical location(s)
on the property where the pig will be kept.
3. City of Tukwila residents 65 years of age or
older shall be entitled to purchase special permanent
licenses for the lifetime of the pig for which they are
the registered owners when said pigs are maintained at
said owner's registered address. The special permanent
animal license fee is $20.00 per licensed pig, provided
that the owner provides written proof that the animal
has been spayed or neutered.
4. Applications for a pot - bellied pig license
shall be on forms provided by the City of Tukwila.
5. All license tags issued herein shall be
securely affixed to a substantial collar, harness or other
means and shall be worn by the animal at all times.
As an alternative to a license tag, a pig may be identified
as licensed by being tattooed on its right ear or on its
Page 7-4
inside right thigh or groin with a license number
approved or issued by the City of Tukwila.
6. The City of Tukwila shall collect a $3.00
fee for a lost or stolen license tag replacement.
B. Restrictions -
1. No more than two pot - bellied pigs may be
kept in any dwelling unit or business establishment.
Any pigs in excess of two shall be subject to a fine of
$25.00 per day per pig, payable to the City of Tukwila.
2. No pot - bellied pigs weighing more than
150 pounds or having a height greater than 22 inches at
the shoulder are allowed.
3. Upon complaint that a pig is larger than
allowed, if an investigation by the City shows the
complaint to be legitimate, the owner shall be required
to show proof of the height and weight of the pig in
question as measured and certified by a licensed
veterinarian.
4. The Code Enforcement Officer of the City
shall have the authority to authorize collection of illegal
pot - bellied pigs by the King County Animal Control.
(Ord. 1772 §5, 1996)
7.04.060 Exotic animals
A. The possession or maintenance of an exotic
animal by private citizens within the City of Tukwila
is prohibited unless the owner possessed or
maintained the exotic animal on or before the effective
date of this ordinance, and agreed to promptly act to
satisfy the licensing requirements of the Animal
Control Authority as expressed in King County Code
11.28 now and as amended regarding the maintenance
of such animals.
B. 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 for use as service animals by disabled
citizens.
C. 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.
D. Each exotic animal must have a license tag
securely affixed to a substantial collar, harness or other
means, or a microchip implant for identification, and
must show proof of such upon request of the Animal
Control Authority officer.
(Ord. 1812 §3, 1997; Ord. 1772 §6, 1996)
Printed January 14, 2003
7.04.070 Regulation of animals
A. 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 means of a leash or
chain not exceeding 8 feet in length by the owner or
some duly authorized and competent person, 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.
B. Offenses relating to sanitation - It is
unlawful for an owner to:
1. Allow the accumulation of pig, cat, fowl or
dog feces in any open area, run cage or yard wherein
those animals are kept, and to fail to remove or dispose
of feces at least once every seven days.
2. Fail to remove the fecal matter deposited
by his /her animal on public property or private
property of another before the owner leaves the
immediate area where the fecal matter was deposited.
3. Fail to have in his /her possession
equipment such as a plastic bag or other means of
conveyance necessary to remove his /her animal's
fecal matter when said animal deposits fecal matter on
public property, public easement or another's private
property.
(Ord. 1772 §7, 1996)
7.04.080 Nuisance defined - Violation
A. For purposes of this chapter, nuisances are
violations of this chapter and shall be defined as
follows:
1. Any public nuisance relating to animal
control known as common law or in equity
jurisprudence;
2. Any animal running at large within the
City;
3. Any domesticated animal, whether
licensed or not, which runs at large in any park, or
enters 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 a public beach when such animal is on a leash,
tether or chain not to exceed 8 feet in length. This
subsection shall not apply to any blind person using a
trained seeing -eye dog, to animal shows, exhibitions or
organized dog- training classes where at least 24 hours
advance notice has been given to the Animal Control
Authority by such persons requesting to hold such
animal shows, exhibitions, or dog- training classes;
4. Any animal which 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 blind person using a
Printed January 14, 2003
Ya,. ,. R
trained seeing -eye dog, to veterinary offices or
hospitals, businesses offering pet services, or to animal
shows, exhibitions or organized dog- training classes
where at least 24 hours advance notice has been given
to the Animal Control Authority by such persons,
requesting to hold such animal shows, exhibitions or
dog- training classes;
5. A female domesticated animal, whether
licensed or not, while in heat, accessible to other
animals for purposes other than controlled and planned
breeding;
6. Any domesticated animal which chases,
runs after, or jumps at vehicles using the public streets
and alleys;
7. Any domesticated animal which habitually
snaps, growls, snarls, jumps upon or otherwise
threatens persons lawfully using the public sidewalks,
streets, alleys or other public ways;
8. Any animal which has exhibited vicious
propensities and which constitutes a danger to the
safety of persons or property off his premises or
lawfully on his premises; provided, that in addition to
other remedies and penalties, the provisions of this
chapter relating to dangerous dogs and potentially
dangerous dogs shall apply;
9. Any domesticated animal which howls,
yelps, whines, barks or makes other oral noises, in
such a manner as to disturb any person or
neighborhood to an unreasonable degree;
10. Any domesticated animal which enters
upon another person's property without the
permission of that person;
11. Animals staked, tethered or kept on public
property without prior written consent of the county
Animal Control Authority;
12. Animals on any public property not under
control of the owner or other competent person;
13. Animals kept, harbored or maintained and
known to have a contagious disease unless under the
treatment of a licensed veterinarian;
14. Animals running in packs.
B. Nuisance violations shall be subject to a civil
fine and enforcement necessary to abate the violation.
(Ord. 1772 §8, 1996)
7.04.090 Dangerous and potentially dangerous
dog regulation
A. Dangerous dogs and potentially dangerous
dogs: registration, prohibitions, etc.
1. It is unlawful for an owner to have a
dangerous dog or a potentially dangerous dog in the
City without fulfilling the requirements of the Animal
Control Authority.
2. It is unlawful for an owner of a dangerous
dog to permit the dog to be outside a proper enclosure
unless the dog is muzzled and restrained by a
substantial chain or leash and under physical restraint
of a responsible person. The muzzle shall be made in
TITLE 7 — ANIMALS
Page 7 -5
TUKWILA MUNICIPAL CODE
a manner that will not cause injury to this dog nor
interfere with its vision or respiration but shall prevent
it from biting any person or animal.
3. The owner of a dangerous dog shall not
permit such dog to go unconfined upon the premises of
such owner.
4. Any dog shall be immediately confiscated
by the Animal Control Authority if:
a. The dog is not validly registered under
this section;
b. The dog is not maintained in the
proper enclosure; or
c. The dog is outside of the dwelling of
the owner or outside of the proper enclosure and not
under physical restraint of the responsible person.
Any dangerous dog confiscated under this
section can be disposed of as an unredeemed animal
and the owner has no right to redeem such dog.
5. The provisions of this section shall not
apply to dogs used by law enforcement officials for
police work.
B. Provision for declaring dangerous and
potentially dangerous dogs. The Animal Control
Authority may find and declare an animal potentially
dangerous or dangerous if it has probable cause to
believe that the animal falls within the definition set in
TMC 7.04.020, H. and 0. For the purposes of this
chapter probable cause may include:
1. The written complaint of a citizen who is
willing to testify that the animal has acted in a manner
which causes it to fall within the definition in TMC
7.04.020, H. or 0.; or
2. Dog bite reports filed with the Animal
Control Authority; or
3. Actions of the dog witnessed by any
animal control officer or law enforcement officer; or
4. A verified report that the animal 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.
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, if known; or
2. Personally delivered; or
3. If the owner or keeper cannot be located
by one of the first two methods, by publication in a
newspaper of general circulation.
The owner or keeper of any animal found to be a
potentially dangerous or dangerous dog under this
section shall be assessed all service costs expended
under this subsection.
D. Declaration, information required. The
declaration set forth in this section shall state at least:
1. A description of the animal;
Page 7 -6
2. The name and address of the owner or
keeper of the animal, if known;
3. The whereabouts of the animal if it is not
in the custody of the owner or keeper;
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 five days.
6. The restrictions placed on the animal as a
result of the declaration; and
7. The penalties for violation of the
restrictions, including the possibility of destruction of
the animal, and imprisonment or fining of the owner
or keeper.
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 five
days of receipt of the declaration, or within five days of
the publication of the declaration, or within five days of
the publication of the declaration pursuant to 7.04.090,
C., request a hearing from the King County Animal
Control Authority Board of Appeals. 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 Appeals can be appealed in superior court.
2. If the Board of Appeals finds there is
insufficient evidence to support the declaration, it shall
be rescinded, and the restrictions imposed thereby
annulled.
3. If the Board of Appeals finds sufficient
evidence to support the declaration then it shall be
affirmed.
4. If the Board of Appeals 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.
(Ord. 1812 §4, 1997; Ord. 1772 §9, 1996)
7.04.100 Declaration -- impoundment and
abatement
A. Impoundment. Following service of a
declaration of potentially dangerous or dangerous dog,
and pending appeal under TMC 7.04.090 E, 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 Appeals or a
court of competent jurisdiction orders either its
redemption or destruction.
B. Abatement. Any dog or other animal which
bites, attacks, or attempts to bite one or more persons
two or more times within a two -year period is
declared to be a danger to public safety and shall not be
kept within the City 48 hours after receiving written
notice from the director, or his authorized animal
control officer. Such animal or animals found in
violation of this section will be impounded and
Printed January 14, 2003
.,.ram• .
disposed of as an unredeemed animal, and the owner
or keeper of such animal(s) has no right to redeem
such dog or animal.
(Ord. 1812 §5, 1997; Ord. 1772 §10, 1996)
7.04.110 Cruelty to animals - Unlawful
A. It is unlawful for any person to:
1. Willfully and cruelly inflict physical injury,
or to kill any animal by any means causing
unnecessary fright, suffering or pain;
2. By reason of neglect or intent, fail to
provide the animal with necessary food, water,
shelter, rest, sanitation, ventilation, space or medical
attention, thereby causing or allowing any animal to
endure pain, suffering or injury; or to fail or neglect to
aid or attempt alleviation of pain, suffering or injury he
or she 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 man,
animal or fowl, or any substance or fluid whatever or
wherein there is deposited or mingled any kind of
poison, or poisonous 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 the provisions of RCW 16.52.190;
4. Abandon any domestic animal by dropping
off or leaving such animal on the street, road or
highway, or in any other public place, or on the private
property of another.
5. Keep an animal in an enclosed vehicle
when the temperature inside the vehicle reaches 80 °F,
and /or the animal appears to be in stress as a result of
excessive heat or thirst.
B. Any person may lawfully kill a vicious animal
when a clear and present danger exists to his or her
own self or to the public safety and a record of
complaint against the animal has been filed with the
Animal Control Authority.
(Ord. 1772 §11, 1996)
7.04.120 Enforcement authority
A. The director of the Animal Control Authority
and his /her authorized animal control officers are
authorized to take such lawful action as may be
required to enforce the provisions of this chapter and
the laws of the State as they pertain to animal cruelty,
shelter, welfare, and enforcement of control.
B. The director of the Animal Control Authority or
his /her authorized animal control officer shall not enter
a building designated for and used for private purposes,
unless the officer has reasonable cause to believe an
animal is being maintained in the building in violation
of this chapter.
C. The director of the Animal Control Authority
and his /her authorized animal control officers, while
pursuing any animal observed by the officer to be in
violation of this chapter, or during investigations for
unlicensed animals, may enter upon any public or
Printed January 14, 2003
private property, except any building designated for and
used for private purposes, for the purpose of abating the
animal violation being pursued or the licensing of
animals.
D. No person shall deny, prevent, obstruct, or
attempt to deny, prevent, or obstruct an 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 director or his /her authorized animal control officer
to enter private property to perform any duty imposed
by this chapter. Any person violating this subsection is
guilty of a misdemeanor.
E. Notwithstanding the existence or use of any
other remedy, the director of the Animal Control
Authority may seek legal or equitable relief to enjoin
any acts or practices and abate any conditions which
constitute a violation of this code or other regulations
herein adopted.
(Ord. 1772 §12, 1996)
7.04.130 Violations - Abatement and removal
authorized
A. Whenever the director or authorized animal
control officer has found an animal maintained in
violation of this title, the director of the Animal Control
Authority shall commence proceedings to cause the
abatement of each violation; provided, that the
abatement and removal procedures of this section shall
not apply to the dangerous dog removal procedures
contained in this chapter.
B. Any animal constituting a public nuisance as
provided in this chapter shall be abated and removed
from the City by the owner or by the director of the
Animal Control Authority, or his /her authorized
animal control officer, upon receipt of two King County
Animal Control Authority notices of violation and one
order of confinement by the owner in any one -year
period. Where it is established by record pursuant to
this chapter and no finding was entered showing that
the owner will be able to provide reasonable restraints
to protect the public from repetitions of violations, the
director of the Animal Control Authority shall notify
and direct the owner of the animal to abate or remove
the same from the City and county within 96 hours
from the date of the notice. If such animal is found to
be within the confines of the City after 96 hours have
elapsed from the date of notice, the same shall be
abated and removed by the director of the Animal
Control Authority. Animals removed pursuant to the
provisions of this section shall be removed from the
City or be subjected to euthanasia by the Animal
Control Authority.
TITLE 7 — ANIMALS
(Ord 1772 §13, 1996)
Page 7 -7
TUKWILA MUNICIPAL CODE
7.04.140 Penalties
A. Civil penalty and cost of abatement,
collection. The civil penalty described in TMC
7.04.140, C., and the cost of abatement are also
personal obligations of the animal owner. The
prosecuting attorney, on behalf of King County or the
City Attorney, may collect the civil penalty and the
abatement work costs by use of all appropriate legal
remedies.
B. 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
prosecuting 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.
C, Violation, civil penalty. In addition to any
other penalty provided in this title or by law, any
person whose animal is maintained in violation of this
title shall incur a civil penalty plus billable costs of the
Animal Control Authority. The penalty shall be $25 for
the first notice of violation, $50.00 for the second
violation in any one -year period, and $75.00 for each
successive violation.
(Ord. 1812 §6, 1997; Ord. 1772 §14, 1996)
Page 7 -8
Chapter 7.08
LIVESTOCK, SMALL ANIMALS
AND FOWL
Sections:
7.08.010 Chapter compliance required
7.08.020 Livestock defined
7.08.030 Small animals and fowl defined
7.08.040 Chinchillas, guinea pigs, hamsters, parakeets,
and pigeons
7.08.050 Rabbits, chickens, geese, ducks and turkeys
7.08.060 Enclosure construction
7.08.070 Number of livestock allowed
7.08.080 Maintaining horses, cattle, sheep and goats
within City limits
7.08.090 Maintaining swine within city limits
7.08.100 Minimum area for keeping
7.08.110 Number of animals per area size
7.08.120 Distance from human habitation
7.08.130 One building per site for housing
7.08.140 Nuisance prohibited
7.08.150 Manure removal
7.08.160 Enforcement
7.08.170 Issuance of permits for housing
7.08.180 Exemptions
7.08.010 Chapter compliance required
It is unlawful for any person, persons, firm or
corporation to keep or maintain livestock, small
animals or fowl within the City limits, except as
provided in this chapter.
(Ord. 232 §1, 1956)
7.08.020 Livestock defined
"Livestock," where used in this chapter, means
and includes horses, cattle, sheep, goats and swine.
(Ord. 232 §2, 1956)
7.08.030 Small animals and fowl defined
"Small animals and fowl," where used in this
chapter mean rabbits, chinchillas, guinea pigs,
hamsters, chickens, geese, ducks, turkeys, parakeets
and pigeons.
(Ord. 232 §3(part), 1956)
7.08.040 Chinchillas, guinea pigs, hamsters,
parakeets and pigeons
Chinchillas, guinea pigs, hamsters, parakeets and
pigeons will be permitted in numbers as approved by
the health officer.
(Ord. 232 §3(a), 1956)
7.08.050 Rabbits, chickens, geese, ducks and
turkeys
Rabbits, chickens, geese, ducks and turkeys will be
permitted in numbers as defined in TMC 7.08.110.
(Ord. 232 §3(b), 1956)
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7.08.060 Enclosure construction
All livestock, small animals and fowl shall be kept
within an enclosure adequately built and maintained to
prevent the livestock, small animals and fowl from
breaking through, out, over or under the same. All
pens, coops, hutches and housing of any kind used for
the housing of livestock, small animals and fowl must
be built to include siding or shakes or their equivalent,
and must be painted or stained to appear presentable.
(Ord. 232 §4, 1956)
7.08.070 Number of livestock allowed
The number of horses, cows or cattle, sheep, goats
or swine allowed on any given piece or parcel of
property shall be regulated by the duly appointed
health officer of the City.
(Ord. 232 §5, 1956)
7.08.080 Maintaining horses, cattle, sheep and
goats within City limits
All livestock, except swine, may be kept or
maintained within the city limits, provided they are
kept not less than 100 feet from the nearest residence.
(Ord. 232 §6, 1956)
7.08.090 Maintaining swine within City limits
Swine may be kept or maintained within the City
limits provided they are kept within an enclosure as
herein described, the outside limits of which shall be
not less than 200 feet from the nearest residence.
(Ord. 232 §7, 1956)
7.08.100 Minimum area for keeping
No livestock, small animals or fowl shall be kept
on any property within the City limits where the
property does not contain a minimum of 10,000 square
feet of area.
(Ord. 232 §8, 1956)
7.08.110 Number of animals per area size
Small animals and fowl shall be permitted as
follows:
1. Twelve chickens or twelve rabbits or any
combination of chickens and rabbits, not to exceed a
total of twelve collectively, for 10,000 square feet of
property;
2. The number of chickens or rabbits may be
increased by 1/10th for each additional 1,000 square
feet of property;
3. Six geese, six ducks, six turkeys or any
combination of geese, ducks or turkeys, not to exceed a
total of six collectively for 10,000 square feet of
property;
4. The number of geese, ducks or turkeys
may be increased 1/10th for each additional 1,000
square feet of property;
Printed January 14, 2003
TITLE 7 — ANIMALS
5. At no time shall the total number of small
animals or fowl exceed a total of twelve for each
10,000 square feet of property.
(Ord. 232 §9, 1956)
7.08.120 Distance from human habitation
Buildings for the housing of small animals and fowl
shall be built and located not less than 65 feet from any
place of human habitation, other than the owner's, or
not less than 20 feet from the adjoining property; and
providing further that the roaming area for the small
animals and fowl shall be fenced and located not less
than 35 feet from any adjacent place of human
habitation.
(Ord. 232 §10, 1956)
7.08.130 One building per site for housing
Not more than one building for the housing of
livestock, small animals or fowl shall be allowed in
any one building site.
7.08.140 Nuisance prohibited
No livestock, small animals or fowl shall be kept in
such a manner that a condition resulting from same
shall constitute a nuisance.
7.08.150 Manure removal
All manure must be kept in a covered water -tight
pit or chamber and shall be removed at least once a
week during the period from April 1 to October 1, and
during the other months at intervals sufficiently
frequent to maintain a sanitary condition satisfactory to
the health officer:
1. Manure shall not be allowed to collect in
any place where it can prejudicially affect any source of
drinking water.
2. Manure, when used as a fertilizer, must be
plowed or spaded under within 24 hours after
application.
(Ord. 232 §11, 1956)
(Ord. 232 §12, 1956)
(Ord. 232 §13, 1956)
7.08.160 Enforcement
The health officer for the City shall be authorized to
enforce this chapter, unless otherwise provided.
(Ord. 232 §14, 1956)
7.08.170 Issuance of permits for housing
The building superintendent shall issue all permits
for housing livestock, small animals and fowl.
Buildings must be completed, including manure pit,
within 60 days after issuance of permit.
(Ord. 232 §15, 1956)
Page 7 -9
TUKWILA MUNICIPAL CODE
7.08.180 Exemptions
A. Any person, persons, firm or corporation who,
on January 3, 1956 are keeping livestock, small
animals or fowl within the City limits, will not be
affected by TMC 7.08.070, 7.08.080, 7.08.090, 7.08.100,
7.08.110 and 7.08.120.
B. Any person, persons, firm or corporation w ho
discontinues the keeping or reduces the number of
livestock, small animals or fowl for a period of more
than 90 days, or who sells or transfers his property,
shall then become subject to all the provisions of this
chapter.
Page 7 -10
(Ord. 232 §16, 1956)
Printed January 14, 2003
AllatimannessanIMEMEISINSEntemasr
i u�:, • - i
within ten days from the date of receipt of the Notice of
Denial, Suspension or Revocation, and that failure to so
appeal shall constitute a waiver of all rights to any
additional administrative hearing or determination on
the matter. Upon issuance of such Notice, the license
is suspended or revoked and is no longer valid and
current, unless appealed as provided in this chapter, in
which case the effect of the suspension or the
revocation is stayed pending the outcome of the appeal.
C. Receipt of the Notice of Denial, Suspension or
Revocation. The Notice of Denial, Suspension or
Revocation shall be served upon the license holder
either personally or by mailing a copy of such Notice
by certified mail, postage prepaid, return receipt
requested to such license holder to his or her last
known address as provided in the license application.
Alternatively, the Notice may be posted upon the
premises where such license holder conducts his or
her business, which is the subject of the denied or
revoked license.
(Ord. 1788 §1(part), 1996)
5.04.112 Appeal of Notice of Denial, Suspension
or Revocation
Appeals from a Notice of Denial, Suspension or
Revocation under this chapter shall be conducted in the
same manner as appeals from a "Notice and Order"
under Tukwila Municipal Code Chapter 8.45.
(Ord. 1788 §1 (part), 1996)
5.04.114 Violations
A. A businesses' first violation of this chapter shall
result in a license suspension for 90 days.
B. A businesses' second violation of this chapter
shall result in a license suspension for 180 days.
C. A businesses' third violation of this chapter
shall result in the revocation of the license for one
year.
5.04.115 Penalties
Any violation of this chapter, or failure to comply
with any of the requirements of this chapter, shall be
subject to the penalties prescribed in Chapter 8.45 of
the Tukwila Municipal Code ( "Enforcement ") and
shall be imposed pursuant to the procedures and
conditions set forth in that chapter.
(Ord. 1838 §3, 1998)
5.04.116 Effect of Denial or Revocation
No person or business may reapply for a business
license merely by renaming the business. The denial
or revocation of a license applies to any business
entity, regardless of its name, that is operating under
the same ownership and /or management and engages
in substantially the same type of business enterprise as
that of a business that has been previously denied a
Printed January 14, 2003
(Ord. 1788 §1(part), 1996)
TITLE 5 — BUSINESS LICENSES AND REGULATIONS
license or has had its license revoked under this
chapter within a year of such application for a license.
(Ord. 1788 §1(part), 1996)
5.04.120 Regulation adoption and publication -
Failure to comply
The City Clerk shall have the power and it shall be
her duty from time to time to adopt, publish and
enforce rules and regulations not inconsistent with this
chapter or with the law, for the purpose of carrying out
the provisions hereof, and it is unlawful for any person
to violate or fail to comply with any such rule or
regulation.
(Ord. 1788 §1(part), 1996)
Page 5 -3
ti si.* tt ':'w+i i ," u� susir,:.X.Ar a«.e.at $44WS S : n
TUKWILA MUNICIPAL CODE
Chapter 5.08
CABARETS
Sections:
5.08.010 Definitions
5.08.020 Chapter exemption
5.08.030 Cabaret license required - Fee
5.08.040 Manager's licenses and entertainer's licenses
- Fees - Terms - Assignments - Renewals
5.08.050 License application procedure
5.08.060 Grounds for denial of application
5.08.070 Revocation or suspension of licenses
5.08.080 Appeals and hearing
5.08.090 Minors - Employment
5.08.100 License posting
5.08.110 Hours of operation - Penalty for violation
5.08.120 Complaint investigation
5.08.010 Definitions
When used in this chapter and unless otherwise
distinctly expressed, the following words and phrases
shall have the meaning set out in this section:
1. "Cabaret" means the area in any hotel,
restaurant, cafe, lunchroom, tavern, or any other place
of public resort open for service to the public, or oper-
ated for gain or profit, where food and /or refreshments
are regularly served, and where theatrical perfor-
mances, dance or music, or any combination of the
aforesaid acts, is maintained or permitted at a minimum
of four events per month, and where access to said
area of persons is prohibited or limited by reasons of
age.
2. "Persons" include an individual, firm,
corporation, company, partnership, association, an
unincorporated association, or any person acting in a
fiduciary capacity.
3. "Manager" means any person who man-
ages, directs, administers, or is in charge of the affairs
and /or the conduct of any portion of any activity
occurring at any cabaret.
4. "Entertainer" means any person who per-
forms any exhibition or dance of any type within a
cabaret insofar as such exhibition or dance involves
exposure to view of any portion of the breast below
the top of the areola or any portion of the pubic hair,
anus, buttocks, vulva and /or genitals, whether or not
such person or anyone else charges or accepts a fee for
such exhibition or dance.
(Ord. 1586 §2(part), 1990)
5.08.020 Chapter exemption
This chapter shall not apply to any person conduct-
ing or engaging in a business providing entertainment
or amusement where any admission or similar
charges therefor are to be used exclusively for charita-
ble, eleemosynary, educational or religious purposes.
(Ord. 1586 §2(part), 1990)
Page 5-4
5.08.030 Cabaret license required - Fee
It is unlawful to conduct, open up, manage or
operate or maintain any cabaret as defined in TMC
5.08.010 within the City without a valid license to do
so to be known as the "cabaret license." The annual
license fee therefor shall be $300.00. The license fee
for a period of less than a year shall be the rate of
$75.00 for each quarterly period. Each such license
shall be nonassignable and nontransferable, and the fee
paid shall be nonrefundable.
(Ord. 1586 §2(part), 1990)
5.08.040 Manager's licenses and entertainer's
licenses - Fees - Terms - Assignments - Renewals
A. No person shall work as a manager at a cabaret
in the City without a current manager's license under
this chapter. No person shall work as an entertainer at
a cabaret in the City without a current entertainer's
license under this chapter.
B. The license year for either a manager's license
or an entertainer's license shall be from January 1 to
December 31 of each year. Each such license shall
expire at close of business or midnight, whichever is
earlier, on December 31 of each year.
C. The license fee for a manager's license or
entertainer's license is $75.00. The license fee for each
such license is payable for a full year only and is not
refundable.
D. A manager's license or entertainer's license
under this chapter shall not be assigned or transferred.
E. No person under 18 years of age may hold a
manager's license or entertainer's license under this
chapter.
F. In order to obtain renewal of a current man-
ager's license or entertainer's license for the next year,
a license holder must file an application for renewal
with the Clerk prior to expiration of the current license.
The renewal fee for each year is $75.00.
(Ord. 1648 §1, 1992; Ord. 1586 §2(part), 1990)
5.08.050 License application procedure
A. Cabaret License - An applicant for a cabaret
license shall make application therefor on the applica -
tion forms provided by the City Clerk. Each such
application form shall require the following informa-
tion:
1. The name, home address, home telephone
number, date and place of birth, and social security
number of the applicant, if the applicant is an individ-
ual;
2. The names, home addresses, home tele-
phone numbers, dates and places of birth, and social
security numbers of the officers and directors of the
applicant, if the applicant is a partnership. If the appli-
cant is any other type of business entity, then the
applicant shall provide the same information requested
in this subsection for all managers or other persons
who control the business decisions of that entity;
Printed January 14, 2003
3. The name, address, and telephone number
of the cabaret, and the names of all on -site managers of
the cabaret; and
4. The name, address and telephone number
of the owner of the property on which the cabaret is
located.
Each application must be completed in full and
signed by the applicant in affidavit or declaration form
wherein the applicant certifies under penalty of perjury
that the applicant has personal knowledge of all matters
asserted in said application and that the statements
contained therein are true and complete.
B. Manager's or Entertainer's License - Any
application for a manager's license or entertainer's
license or renewal thereof shall be signed by the appli-
cant and notarized or certified to be true under penalty
of perjury. Each such application shall be submitted on
a form supplied by the Clerk. The form shall require
statement of the applicant's name, home address,
home telephone number, date and place of birth, social
security number, and the name, address and phone
number of the cabaret or cabarets at which the appli-
cant will work, and any stage names or nicknames
used in entertaining. The form shall also require the
applicant to disclose all prior criminal convictions,
including the crime(s) convicted of, place, and the
approximate date of each such conviction. At the time
of application, the applicant shall present suitable identi-
fication providing proof that the applicant is at least 18
years of age, which may include (1) a motor vehicle
operator's license, issued by any state, bearing the
applicant's photograph and date of birth; or (2) any state -
issued identification card bearing the applicant's photo-
graph and date of birth. At the same time, the Clerk
shall photograph each applicant for the Clerk's records.
C. Duty to Supplement Application - In the event
that any information on any application for a license
under this chapter becomes outdated or otherwise
inaccurate, an applicant or license holder promptly shall
notify the Clerk in writing and provide current infor-
mation.
D. All Completed Applications - A completed
application shall be submitted to the City Clerk. An
application shall not be considered to be completed
unless accompanied by a receipt or other notation from
the City showing payment of the required license fee.
The City Clerk shall refer a completed application to the
following City department heads for investigation and
report as follows:
1. The Chief of Police shall provide a criminal
history record of the applicant;
2. The Director of the Department of Commu-
nity Development shall provide a report stating
whether or not the application or premises of the busi-
ness reflect any actual or potential violations of the City
zoning code; and
3. The Building Official shall provide a report
indicating whether or not said premises are in compli-
Printed January 14, 2003
TITLE 5 — BUSINESS LICENSES AND REGULATIONS
ance with all applicable health, safety and building
statutes and regulations.
(Ord. 1586 §2(part), 1990)
5.08.060 Grounds for denial of application
Upon receipt of a completed application and reports
from the above -named officials, a license application
shall be approved, except that said application shall be
denied for any one or more of the following reasons:
1. Application form is incomplete; or
2. Purpose of business sought to be licensed
does not comply with the requirements of any City
ordinance(s) relating to fire, buildings, health and sanita-
tion or is, or will be if licensed, in violation of the City
zoning code as determined by the reports from the
above -named officials; or
3. The license was procured by fraud or any
false statement or misrepresentation of fact in the appli-
cation or in any report or record filed with the Clerk.
In all events, the Clerk shall issue the license, or her
reasons(s) for non - issuance as soon as possible, but in
no event more than 30 days after receipt of a completed
application.
(Ord. 1586 §2(part), 1990)
5.08.070 Revocation or suspension of licenses
A. The City Clerk may revoke any license under
this chapter, or may suspend any such license for a
period of time not to exceed one year, where one or
more of the following conditions exist:
1. The license was procured by fraud or by
any false statement or misrepresentation of fact in the
application or in any report or record required to be filed
with the Clerk;
2. The building, structure, equipment, opera-
tion or location of the business for which the license
was issued does not comply with the requirements or
standards of this code; or
3. The license holder, his or her employee,
agent, partner, director, officer or manager has violated
or permitted violation of any of the provisions of this
chapter.
B. Upon determination that grounds for revocation
or suspension of a license exist, the Clerk shall send
by first class mail, postage prepaid, to the license holder
a notice of revocation or suspension. The notice shall
set forth the grounds for revocation or suspension.
(Ord. 1586 .§2(part), 1990)
5.08.080 Appeals and hearing
A. Any person aggrieved by the action of the
Clerk in refusing to issue or renew any license under
this chapter or in suspending or revoking any license
under this chapter shall have the right to appeal such
action to the City Hearing Examiner, or to such other
hearing body as may hereafter be established by the
City Council for the hearing of such appeals, by filing a
notice of appeal with the Clerk within ten days of re-
ceiving notice of the action from which appeal is taken.
Page 5 -5
TUKWILA MUNICIPAL CODE
B. The hearing body, upon receipt of a timely
notice of appeal, shall set a date for a hearing of such
appeal within 20 days from the date of such receipt,
except as specified in TMC 5.08.080C. The hearing
shall be de novo. The hearing body shall hear
testimony, take evidence and may hear oral argument
and receive written briefs. The filing of such appeal
shall stay the action of the Clerk, pending the decision
of the hearing body.
C. The decision of the hearing body on an appeal
from a decision of the Clerk shall be based upon a pre-
ponderance of the evidence. The burden of proof shall
be on the appellant.
D. The decision of the hearing body shall be final
unless appealed to the superior court within 20 days of
the date the decision is entered.
(Ord. 1796 §3(part), 1997; Ord. 1586 §2(part), 1990)
5.08.090 Minors - Employment
The following statutes, regulation, and amend-
ments thereto, are adopted and incorporated by refer-
ences herein:
RCW 66.44.010
66.44.316
66.44.340
66.44.350
WAC 314 -16 -070
314 -16 -075
(Ord. 1586 §2(part), 1990)
5.08.100 License posting
All licenses issued hereunder shall be posted in a
conspicuous place in the establishment of the licensee.
(Ord. 1586 §2(part), 1990)
5.08.110 Hours of operation - Penalty for violation
A. It is unlawful for the owner, proprietor or per-
son in charge of a cabaret to maintain or permit any
dancing or music on the premises of the cabaret
between the hours of 2:00 a.m. and 6:00 a.m.
B. Any person violating this section, or any
section of this chapter, shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall be
punished by a fine not to exceed $500.00, or
imprisonment not exceeding 90 days, or by both such
fine and imprisonment. A separate offense shall be
deemed committed upon each day on which a
violation occurs.
(Ord. 1586 §2(part), 1990)
5.08.120 Complaint investigation
The Chief of Police or his duly authorized
representative shall promptly investigate all complaints
against any establishment, operator or manager holding
a cabaret license.
Page 5-6
(Ord. 1586 §2(part), 1990)
Printed January 14, 2003
Chapter 5.10
ADULT CABARETS
Sections:
5.10.010 Purpose
5.10.020 Definitions
5.10.030 Adult Cabaret Licenses, Fees, Terms,
Assignments and Renewals
5.10.040 Manager's Licenses and Entertainer's
Licenses, Fees, Terms, Assignments and
Renewals
5.10.050 License Applications
5.10.060 Issuance of Licenses and Renewals
5.10.070 Lewd Performance
5.10.080 Premises Configuration Requirements
5.10.090 Revocation or Suspension of Licenses
5.10.100 Appeals
5.10.110 Violation
5.10.120 Civil Remedies - Abatement
5.10.130 Other Remedies
5.10.140 Compliance With Other Ordinances
5.10.150 No Private Right of Action
5.10.010 Purpose
A. This chapter is intended to protect the general
health, safety and welfare of the citizenry of the City
through the regulation of adult cabarets. The regula-
tions set forth herein are intended to prevent dangerous
and unlawful conduct, and to prevent health and safety
problems, in and around adult cabarets. This regulation
is supported specifically by Tukwila's own experience
that illegal sexual and other activity occurs in cabarets,
currently regulated by TMC Ch. 5.08, similar or
identical to the illegal activities known to occur in adult
entertainment cabarets, regulated by TMC Ch. 5.56.
B. Tukwila Municipal Code Chapter 5.56 was
intended to deter the serious and repeated violations of
criminal law that regularly occur in adult entertainment
cabarets. Similar provisions should be imposed on
adult cabarets, because the same type of illegal sexual
activity is now occurring in adult cabarets. The City
Council considers these crimes to be serious, and their
prevention and elimination to be of paramount impor-
tance to the health, safety and welfare of the City.
(Ord 1778 §2(part), 1996)
5.10.020 Definitions
For the purposes of this chapter, the words set out
in this section shall have the following meanings:
1. "Adult cabaret entertainment" means:
a. Any exhibition, performance or dance
of any type conducted in a premises where such
exhibition, performance or dance involves a person
who is unclothed or in such costume, attire, or clothing
as to expose any portion of the female breast below the
top of the areola or any portion of the pubic region,
anus, buttocks, vulva or genitals, or human male geni-
Printed January 14, 2003
TITLE 5 — BUSINESS LICENSES AND REGULATIONS
tals in a discernibly turgid state, even if completely and
opaquely covered; or
b. Any exhibition, performance or dance
of any type conducted in a premises where such
exhibition, performance or dance is distinguished or
characterized by a predominant emphasis on the
depiction, description, simulation or relation to the
following specified sexual activities:
(1) Human genitals in a state of sexual
stimulation or arousal;
(2) Acts of human masturbation,
sexual intercourse or sodomy;
(3) Fondling or other erotic touching of
human genitals, pubic region, buttocks or female
breast; or
c. Any exhibition, performance or dance
which is intended to sexually stimulate any member
of the public, and which is conducted on a regular basis
or as a substantial part of the premises activity. This
includes, but is not limited to, any such exhibition, per-
formance or dance performed for, arranged with or
engaged in with fewer than all members of the public
on the premises at that time, with separate considera-
tion paid, either directly or indirectly, for such perform-
ance, exhibition or dance, and which is commonly
referred to as table dancing, couch dancing, taxi dancing,
lap dancing, private dancing or straddle dancing.
2. "Adult cabaret" means any premises open
to the public in which there is at any time an exhibi-
tion or dance constituting "adult cabaret entertainment"
as defined herein, provided for the use or benefit of a
member or members of the adult public, or advertised
for the use or benefit of a member or members of the
adult public; provided, that "adult cabaret" does not
include any tavern or other business that maintains a
liquor license.
3. "Clerk" means the City Clerk or his /her
designee who is designated by the Mayor as licensing
official under this chapter.
4. "Employee" means any and all persons,
including entertainers, who work in or at or render
any services directly related to the operation of an adult
cabaret.
5. "Entertainer" means any person who per-
forms any entertainment, exhibition or dance of any
type within an adult cabaret, whether or not such per-
son or anyone else charges or accepts a fee for such
entertainment, exhibition or dance.
6. "Entertainment" means any exhibition or
dance of any type, pantomime, modeling or any other
performance.
7. "Manager" means any person licensed as
a manager under this chapter.
8. "Member of the public" means any
customer, patron, club member, or person, other than
an employee as defined in this section, who is invited
or admitted to an adult cabaret.
Page 5 -7
TUKWILA MUNICIPAL CODE
9. "Operator" means all persons who own,
operate, direct, oversee, conduct, maintain, or effec-
tively exert management control or authority over an
adult cabaret or its affairs, without regard to whether
such person(s) owns the premises in which the adult
cabaret does business.
An operator "effectively exerts management
control or authority" when he or she actually does, or
is in a position to, participate in the management, direc-
tion or oversight of an adult cabaret or its affairs,
whether or not such person's name appears on any
public record filed with any government agency in
connection with an adult cabaret entertainment estab-
lishment or any parent company or affiliate.
An operator's "parent company or affiliate"
means any other person which owns 50% or more of
any class of an operator's stock, or which effectively
exerts management control or authority over an opera-
tor.
10. "Performance Area" means an area no
larger than the area beginning six feet away from, and
running parallel to, the front edge of a stage on which
adult cabaret entertainment is permitted to occur, and
which extends away from the stage no deeper than
the depth of that stage.
11. "Person" means any individual, part-
nership, corporation, trust, incorporated or unincorpor-
ated association, marital community, joint venture,
governmental entity, or other entity or group of per-
sons, however organized.
(Ord. 1911 §1, 2000; Ord 1778 §2(part), 1996)
5.10.030 Adult cabaret licenses, fees, terms,
assignments and renewals
A. No adult cabaret shall be operated or main-
tained in the City unless the owner or lessee thereof
has a current adult cabaret license under this chapter. It
is unlawful for any operator, manager, entertainer or
employee to knowingly work in or about, or to know-
ingly perform any service directly related to the opera-
tion of an adult cabaret, when such adult cabaret does
not have a current adult cabaret license.
B. The license year for an adult cabaret license
shall be from January 1 to December 31 of each year.
Each such license shall expire at close of business or
midnight, whichever is earlier, on December 31 of
such year.
C. The license fee for an adult cabaret license is
$300.00. The license fee for a period of less than one
year shall be the rate of $75.00 for all or part of each
quarterly period of operation.
D. An adult cabaret license under this chapter shall
not be assigned or transferred. Any fee paid is nonre-
fundable.
Page 5-8
E. In order to obtain renewal of a current adult
cabaret license for the next year, a license holder must
file an application for renewal with the Clerk. The
renewal fee for each year is $300.00.
(Ord 1778 §2(part), 1996)
5.10.040 Manager's licenses and entertainer's
licenses, fees, terms, assignments and renewals
A. No person shall work as a manager at an adult
cabaret in the City without a current manager's license
under this chapter. No person shall work as an enter-
tainer at a adult cabaret in the City of Tukwila without a
current entertainer's license under this chapter. No
person shall work at an adult cabaret in the City of
Tukwila unless the adult cabaret license is valid and
current.
B. The license year for a manager's license or an
entertainer's license shall be from January 1 to
December 31 of each year. Each such license shall
expire at close of business or midnight, whichever is
earlier, on December 31 of each year.
C. The license fee for a manager's license or
entertainer's license is $75.00. The license fee for each
such license is payable for a full calendar year only and
is not refundable.
D. A manager's license or entertainer's license
under this chapter shall not be assigned or transferred.
E. No person under 18 years of age may obtain a
manager's license or entertainer's license under this
chapter.
F. In order to obtain renewal of a current man-
ager's license or entertainer's license for the next year,
a license holder must file an application for renewal
with the Clerk. The renewal fee for each year is
$75.00.
(Ord 1778 §2(part), 1996)
5.10.050 License applications
A. Adult Cabaret License. Any application for
an adult cabaret license or renewal thereof shall be
submitted in the true name of the operator of the adult
cabaret to which the application pertains. The true
operator or his /her agent, under penalty of perjury,
shall sign and notarize or certify that all of the operators
as defined in this chapter are listed and all of the infor-
mation provided is true and correct. Any change in
ownership in the adult cabaret must be reported to the
Clerk within 20 days of such change(s). Each such
application shall be submitted on a form supplied by
the Clerk. The form shall require the following infor-
mation:
1. If the applicant is an individual or partner-
ship, the names, home addresses, home telephone
numbers, dates and places of birth, and social security
numbers of all operator(s). If the applicant is a partner-
ship, all such information must be provided for all gen-
eral partners;
Printed January 14, 2003
u,
2. If the applicant is a corporation, the names,
addresses, telephone numbers, and social security
numbers of all operators and of all corporate officers and
directors. The same information shall be required from
each parent company or affiliate;
3. The name, address, and telephone number
of the adult cabaret;
4. The name, address and telephone number
of the owner of the property on which the adult
cabaret is located;
5. The names, addresses, and telephone
numbers of all employees of the adult cabaret;
6. A statement detailing whether the applicant
or any operator, partner, corporate officer, director, or
shareholder of 50% or more of any class of an opera -
tor's stock, holds any other licenses under this chapter
or any similar cabaret, adult cabaret entertainment or
sexually- oriented business ordinance, including
motion picture theaters and panorams from the City or
another city, county, or state, and if so, the names and
addresses of each other licensed business and the
jurisdiction(s) in which such businesses are located;
and
7. A description of the adult cabaret or
sexually- oriented adult cabaret entertainment business
history of the applicant; whether such person or entity,
in previously operating in this or another city, county
or state, has had a business license or adult cabaret
entertainment license revoked or suspended, the
reason therefore, and the activity or occupation of the
applicant subsequent to such action, suspension or
revocation.
B. Manager's License or Entertainer's
License. Any application for a manager's license or
entertainer's license, or any renewal thereof, shall be
signed by the applicant and notarized or certified to be
true under penalty of perjury. Each such application
shall be submitted on a form supplied by the Clerk.
The form shall require a statement of the applicant's
name, home address, home telephone number, date
and place of birth, social security number, and the
name, address and phone number of the adult cabaret
or adult cabarets at which the applicant will work, and
any stage names or nicknames used in entertaining.
The form shall also require the applicant to disclose all
prior criminal convictions, including the crime(s) con-
victed of, place, and the approximate date of each such
conviction.
At the time of application or renewal, the applicant
shall present picture identification which shall include
(1) a motor vehicle operator's license, issued by the
State of Washington, bearing the applicant's photograph
and date of birth; or (2) a Washington State issued iden-
tification card bearing the applicant's photograph and
date of birth. At the time of application or renewal, and
again between July 1 and July 14 every year, the
applicant shall be photographed by the Clerk or his /her
designee for the Clerk's records and the Police Depart-
Printed January 14, 2003
TITLE 5 — BUSINESS LICENSES AND REGULATIONS
ment's records. Failure to appear for a photograph
between July 1 and July 14, on such dates and times
as are prescribed by the Clerk, shall result in license
suspension until the photograph is obtained.
C. Duty to Supplement Application . In the
event that any information on any application for a
license under this chapter becomes outdated or other-
wise inaccurate or incomplete, including but not
limited to substantial changes to an applicant's hair style
and color, or facial or other features including tattoos, an
applicant or license holder shall appear before the Clerk
within 20 days and provide current information,
including, when applicable, being photographed by the
Clerk or his /her designee to accurately reflect any
change in looks when compared to the most recent
photograph available under TMC 5.10.050B.
(Ord 1778 §2(part), 1996)
5.10.060 Issuance of licenses and renewals
A. Upon receipt of any application for a license
under this chapter, the Clerk shall refer the application
to the Police Department which shall investigate the
truth of the statements in the application and shall
investigate the applicant's compliance with the stan -
dards of this chapter. Upon receipt of any complete
application for a license, the Clerk shall further issue a
temporary license, pending disposition of the applica-
tion or completion of the term of any license suspen-
sion issued pursuant to this chapter. The temporary
license shall expire upon issuance of a license or
renewal thereof or notice of non - issuance. The holder
of a temporary license is subject to all requirements,
standards and penalty provisions of this chapter:
B. After an investigation, the Clerk shall issue a
license if the Clerk finds:
1. That the applicant complies with all appli-
cable requirements and standards of this chapter; and
2. That the applicant has not made any false,
misleading or fraudulent statement of fact in the applica-
tion for a license, or in any report or record required to
be filed with the Clerk.
In the event the applicant has not met the
enumerated requirements after the required investiga-
tions, the Clerk shall issue a notice of non - issuance of
the license. Notice of non - issuance shall specify the
reasons therefor.
C. Upon receipt of any application for renewal of a
license under this chapter, the Clerk shall issue the
renewal unless the Clerk has information which indi-
cates that the applicant would not qualify for the initial
issuance of a license under TMC 5.10.060B. As
necessary, the Clerk may issue temporary licenses
after receipt of a renewal application. In the event the
applicant has not met the enumerated requirements
after the required investigation, the Clerk shall issue
the renewal or notice of non - renewal of the
application. Notice of non - renewal shall specify the
reasons therefor.
Page 5 -9
TUKWILA MUNICIPAL CODE
D., Each adult cabaret shall maintain on the
premises of the adult cabaret and retain for a period of
two years the names, addresses, home telephone
numbers, social security numbers, and ages of each
person employed or otherwise permitted to appear or
perform on the premises as an entertainer, including
independent contractors and employees. This informa-
tion shall be available for inspection by the Clerk or the
Tukwila Police Department during the adult cabaret's
regular business hours.
(Ord 1778 §2(part), 1996)
5.10.070 Lewd performance
Each adult cabaret and each operator, manager,
entertainer and employee thereof shall comply with
the following requirements:
1. No employee or entertainer shall be
unclothed or in such attire, costume or clothing so as to
expose to view any portion of the breast below the top
of the areola, or any portion of the pubic hair, anus,
buttocks, vulva and /or genitals.
2. No employee or entertainer shall touch,
fondle or caress any patron or other person for the pur-
pose of arousing or exciting the patron's or other
person's sexual desires.
3. No patron or other person shall touch,
fondle or caress an employee or entertainer for the
purpose of arousing or exciting the sexual desires of
either party.
4. No entertainer performing upon any stage
or in a performance area shall be permitted to accept
any money offered for any purpose directly to the
entertainer by any member of the public. Any money
offered to any entertainer performing upon a stage or in
a performance area must be provided through a
manager on duty on the premises. Money shall not
otherwise be exchanged between entertainers and
members of the public. It is a gross misdemeanor for
an entertainer to directly accept money from a member
of the public or for a member of the public to directly
give money to an entertainer while in an adult cabaret.
(Ord 1778 §2(part), 1996)
5.10.080 Premises configuration requirements
Every adult cabaret shall be arranged in such a
manner that:
1. Other than as set forth in TMC 5.10.080 -2,
below, adult cabaret entertainment shall occur only on
a stage, at least 18 inches above the immediate floor
level and at least six feet removed from the nearest
patron. No members of the public shall be permitted
on a stage or within six feet of a stage, while adult
cabaret entertainment is in progress.
2. One -on -one adult cabaret entertainment, or
other entertainment, occurring between an entertainer
and a patron shall occur only in a designated
performance area and at least four feet away from any
patron. The perimeter of each performance area must,
Page 5 - 10
at all times, be clearly and completely delineated by a
solid strip at least three inches wide in a contrasting
color to the floor. Any seating in a performance area
shall be arranged to face the stage and shall be
permanently affixed to the floor. A strip at least two
inches wide, and at least four feet long, in a contrasting
color to the floor, shall, at all times, be affixed to the
floor beginning at a point immediately under the center
of the front edge of any seating in a performance area.
3. At least two licensed managers shall be on
the premises of an adult cabaret at all times that the
adult cabaret is open to the public, and shall be clearly
identified at all times by means of a nameplate no less
than 3/4 -inch high and three inches long which reads
"ON DUTY MANAGER." Such nameplate shall be
conspicuously affixed to the manager's clothing and
clearly visible at all times. The names and licenses of
the managers on duty shall be prominently posted and
illuminated in an area open to the public during such
managers' shifts. The managers shall be responsible
for verifying that any person who provides
entertainment within the premises possesses a current
and valid entertainer's license. At least one licensed
manager shall have, at all times, a clear, continuous,
and unobstructed view of all stages on which adult
cabaret entertainment is permitted to occur, and of all
performance areas. While on duty, no manager shall
provide entertainment or adult cabaret entertainment.
4. No adult cabaret entertainment shall be
visible at any time from outside an adult cabaret.
5. Sufficient lighting shall be provided and
equally distributed throughout the public areas of the
premises so that all objects are plainly visible at all
times to a person of ordinary eyesight.
6. No interior walls shall be allowed, other
than to segregate restrooms, employee dressing rooms,
manager's office, or other areas reasonably necessary to
the business operation of the adult cabaret. No
member of the public shall be allowed in any such
segregated area, other than restrooms.
7. There shall be posted and conspicuously
displayed in the common areas of each adult cabaret a
sign, at least three feet long and two feet high, listing
any and all entertainment provided on the premises.
Such list shall be printed in letters of sufficient size so
that the list is clearly legible by persons of ordinary
eyesight from any location where entertainment is
provided. Such list shall further indicate the specific fee
or charge in dollar amounts for each form of
entertainment listed.
8. There shall be posted in each performance
area a well illuminated and conspicuously displayed
sign, at least three feet long and two feet high, listing
the following:
Printed January 14, 2003
Homo
Outdoor
Transportation
'•
•
MBR I DESIGN GROUP
Malvicino • Bergallo • Rodriguez
NOISE LEVEL DATA
THE TABLE PRESENTS NOISE DATA AT OCTAVE -BAND CENTER FREQUENCIES FOR FAMILIAR RESIDENTIAL, OUTDOOR, TRANSPORTATION, AND BUILDING ACTIVITY
NOISE SOURCES. INTERMITENT OR PEAK NOISES MAY EXCEED THE DATA GIVEN IN THE TABLE BY 5 dB OR MORE, DEPENDING ON THE SOURCE OR ENVIRONMENT.
Sound Pressure Level (dB) dBA
Source 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz
Alarm clock at 4 to 9 ft (ringing) - 46 48 55 62 62 70 80 80
Electric shaver at 1 1/2 ft 59 58 49 62 60 64 60 59 68
Vacuum cleaner at 3 ft 48 66 69 73 79 73 73 72 81
Garbage disposal at 2 ft 64 83 69 56 55 50 50 49 69
Clothes washer at 2 to 3 ft (wash cycle) 59 65 59 59 58 54 50 46 62
Toilet (refilling tank) 50 55 53 54 57 56 57 52 63
Whirlpool, six nozzles (filling tube) 68 65 68 69 71 71 68 85 74
Window air - conditioning unit 64 64 65 56 53 48 44 37 59
Telephone at 4 to 13 ft (ringing) - 41 44 56 68 73 69 83 83
TV at 10 ft 49 62 64 67 70 68 63 39 74
Stereo (teenager listening level) 60 72 83 82 82 80 75 60 86
Stereo (adult listening level) 56 66 75 72 70 66 64 48 75
Violin at 5 ft (fortissimo) - 91 91 87 83 79 66 92
Normal conversational speech at 3 ft - 57 62 63 57 48 40 63
Birds at 10 ft - - - 50 52 54 57
Cicadas - - 35 51 54 48 57
Large dog at 50 ft (barking) - 50 58 68 70 64 52 48 72
Lawn mower at 5 ft 85 87 88 84 81 74 70 72 86
Pistol shot at 250 ft (peak Impulse levels) - - 83 91 99 102 106 106
Surf at 10 to 15 ft (moderate seas) 71 72 70 71 67 64 58 54 78
Wind in trees (10 mi/h) . - - 33 35 37 37 35 43
Large trucks at 50 ft (55 mi/h) 83 85 83 85 81 76 72 65 86
Passenger cam at 50 ft (55 ml/h) 72 70 67 66 67 66 59 54 71
Motorcycle at 50 ft (full throttle, without baffle) 95 95 91 91 91 87 87 85 95
Snowmobile at 50 ft 65 82 84 75 78 77 79 69 85
Train at 100 ft (pulling hard) 95 102 94 90 86 87 83 79 94
Train siren at 50 ft 88 90 110 110 107 100 91 78 109
Car horn at 15 ft - - 92 95 90 80 60 97
Commercial turbofan airplane at 1 mile (from takeoff flight path) 77 82 82 78 70 56 - - 79
Military helicopter at 500 ft (single engine, medium size) 92 89 83 81 76 72 62 51 80
• 9737 NW 41st Street Suite #359 - Miami, 7 Ionda - U.S.A - (1)(305) 8665128
• Martin J. Haedo 3336 - Florida, B 1604BUF - Buenos Aires - ARGENTINA - (54)(I 1) 4760.1834
www,mbr- design- group.com
Interiors
•
•
MBR I DESIGN GROUP
Malvicino • Bergallo • Rodriguez
NOISE LEVEL DATA
THE TABLE PRESENTS NOISE DATA AT OCTAVE -BAND CENTER FREQUENCIES FOR FAMILIAR RESIDENTIAL, OUTDOOR, TRANSPORTATION, AND BUILDING ACTIVITY
NOISE SOURCES. INTERMITENT OR PEAK NOISES MAY EXCEED THE DATA GIVEN IN THE TABLE BY 5 dB OR MORE, DEPENDING ON THE SOURCE OR ENVIRONMENT.
Sound Pressure Level (dB) dBA
Source 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz
Amplified rock music performance (large arena) 116 117 119 116 118 115 109 102 121
Audiovisual room 85 89 92 90 89 87 85 80 94
Auditorium (applause) 60 68 75 79 85 84 75 65 88
Classroom 60 66 72 77 74 68 60 50 78
Computer equipment room 78 75 73 78 80 78 74 70 84
Dog kennel - - 90 104 106 101 89 79 108
Gymnasium 72 78 84 89 86 80 72 64 90
Kitchen 86 85 79 78 77 72 65 57 81
Laboratory 65 70 73 75 72 69 65 61 77
Library 60 63 66 67 64 58 50 40 68
Mechanical equipment room 87 86 85 84 83 82 80 78 88
Music practice room 90 94 96 96 96 91 91 90 100
Racquetball court 82 85 80 85 83 75 68 62 86
Reception and lobby area 60 66 72 77 74 68 60 50 78
Teleconference 65 74 78 80 79 75 68 60 83
SOURCE: JOURNAL OF THE ACOUSTICAL SOCIETY OF AMERICA, SOUND & VIBRATION, NOISE CONTROL ENGINEERING JOURNAL AND TECHNICAL PUBLICATIONS
OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY AND NATIONAL BUREAU OF STANDADRDS (U.S.).
• 9737 NW 41st Street Suite #359 - Miami, FE - Florida - U.S.A. - (1)(305) 8665128
• Martini. Haedo 3336 - Florida, B 1604BUF - Buenos Aires - ARGENTINA - (54)(1 I) 4760.1834
www.mbr- design•group.com
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Acoustical Standards Begin to,R.everberate Page 1 of 2
NOISE LEVEL DATA
The following table presents noise data at octave -band center frequencies for familiar residenti
transportation and building activity noise sources.
Sound Pressure Level
Example Source 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz801 o
Home
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Alarm clock at 4 to 9 ft (ringing) - 46 48 55 62 62 70 2
Electric shaver at 1 1/2 ft 59 58 49 62 60 64 60 a
Vacuum cleaner at 3 ft 48 66 69 73 79 73 73 co D
Garbage disposal at 2 ft 64 83 69 56 55 50 50 I" w
Clothes washer at 2 to 3 ft (wash z
cycle) 59 65 59 59 58 54 50 I- O
Toilet (refilling tank) 50 55 53 54 57 56 57 Z I-
Whirlpool, six nozzles (filling tub) 68 65 68 69 71 71 68 m o
Window air - conditioning unit 64 64 65 56 53 48 44 o cn
Telephone at 4 to 13 ft (ringing) 41 44 56 68 73 69 0 I
TV at 10 ft 49 62 64 67 70 68 63 z Lii
Stereo (teenager listening level) 60 72 83 82 82 80 75 1-1-- o
Stereo (adult listening level) 56 66 75 72 70 66 64 Z
Violin at 55 ft (fortissimo) 91 91 87 83 79 id N
o
Normal conversational speech at o I
3 ft 57 62 63 57 48 40 z
Outdoors
Birds at 10 ft 50 52
Cicadas 35 51 54
Large dog at 50 ft (barking) 50 58 68 70 64 52
Lawn mower at 5 ft 85 87 86 84 81 74 70
Pistol shot at 250 ft (peak 83 91 99 102
impulse levels)
Surf at 10 to 15 ft (moderate 71 72 70 71 67 64 58
seas)
Wind in trees (10 mi /h) 33 35 37 37
Transportation
Large trucks at 50 ft (55 mi /h) 83 85 83 85 81 76 72
Passenger cars at 50 ft (55 MI /h) 72 70 67 66 67 66 59
Motorcycle at 50 ft (full throttle, 95 95 91 91 91 87 87
http:// www. acousticalsurfaces .com/articles /noise_level.htm 11/12/2003
Acoustical Standards Begin to R everberate Page 2 of 2
without baffle)
Snowmobile at 50 ft 65 82 84 75 78 77 79
Train at 100 ft (pulling hard) 95 102 94 90 86 87 83
Train siren at 50 ft 88 90 110 110 107 100 91
Car horn at 15 ft 92 95 90 80
Commercial turbofan airplane at z
77 82 82 78 70 56 a
1 mile (from takeoff flight path) ? z
Military helicopter at 500 ft 92 89 83 81 76 72 62 cc
(single engine, medium size) o .
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co Interiors i_
Amplified rock music °
performance (large arena) 116 117 119 116 118 115 109 g
Audiovisual room 85 89 92 90 89 87 85 u. a
Auditorium (applause) 60 68 75 79 85 84 75 = a
Classroom 60 66 72 77 74 68 60 I- w
Computer equipment room 78 75 73 78 80 78 74 z
Dog Kennel - - 90 104 106 101 89 w o
Gymnasium 72 78 84 89 86 80 72 ? o
Kitchen 86 85 79 78 77 72 65
o
Laboratory 65 70 73 75 72 69 65 0 Y2
Library 60 63 66 67 64 58 50 w w
Mechanical equipment room 87 86 85 84 83 82 80 i
Music practice room 90 94 96 96 96 91 91 u. z
Racquetball court 82 85 80 85 83 75 68 w z
Reception and lobby area 60 66 72 77 74 68 60 o _
Teleconference 65 74 78 80 79 75 68 z l -
Intermittent or peak noises may exceed the data given in the table by 5 decibels or more, depe
the source or environment. For many practical problems, however, the data can be considered
typical source levels at the given distance and condition, or average general activity levels for i
The data can be used for design purposes if proper consideration is given to especially loud ec
sources, which may exceed it, unusual site conditions, and any other conditions that deviate frf
For example, it is prudent to measure transportation noise at proposed building sites near high
airports, etc., so design data will represent existing noise sources and reflect specific site featu
also that modern aircraft, trucks and office equipment may not be as loud as the examples in tt
Note: Sources for noise level data include Journal of the Acoustical Society of America, Sound
Vibration, Noise Control Engineering Journal and technical publications of the U.S. Environmei
Protection Agency and the U.S. National Bureau of Standards.
Reprinted from the 1988 edition of Architectural Acoustics with the kind permission of Author, [
• Soundproofing Products • Sonex TMCeiling & Wall Panels • Sound Control Curtains • Equipment Enclosures • Acoustical Baffles & Banners • Solid
Acoustical Ceiling & Wall Systems • Professional Audio Acoustics • Vibration & Damping Control Fire Retardant Acoustics • Hearing Protection • Mc
Resistant Products • Floor Impact Noise Reduction • Sound Absorbers • Noise Barriers • Fabric Wrapped Wall Panels • Acoustical Foam (Egg Crate) A
& Adhesives • Outdoor Noise Control • Assistive Listening Devices • OSHA, FDA, ADACompliance • On -Site Acoustical Analysis • Acoustical Design &
Inventory • Fast Shipment • No Project too Large or Small • Major Credit Cards Accepted
http : / /www.acousticalsurfaces.com /articles /noise level.htm
11/12/2003
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Club Dog
My name is Eric Bendfelt. I have been a resident of
Tukwila for the past 10 plus years, and have worked here
for most of those ten years. My wife, Julia and I reside at
13301 56 Ave S. Tukwila, with our 2 Weimaraners
Chase & Brooks. We have a little over an acre and a half of
land there.
My wife has been a Police Officer for the Port of Seattle
police department for 4 years. I am the Vice President of
our Washington Weimaraner club, a member of the
ASPCA, the Humane Society, SODA, AKC and the WCA.
My wife and I have been dog lovers /owners for most of our
lives. This is how the doggie daycare idea came to fruition.
The vision of our daycare would be to exercise & supervise
at all times, spayed & neutered dogs from the hours of
7:OOam- 7:OOpm Monday- Friday. Giving dogs the attention,
love and affection they need while their owners are at work
and returning a well exercised dog to them at the end of the
day.
1
Mission & Vision:
Provide a safe and entertaining environment for dogs to
socialize with other friendly dogs. Dogs are social animals.
They need to interact with other dogs and people on a
regular basis. At our facility, they will enjoy playing with
other dogs throughout the day.
The atmosphere at Club Dog will foster happier and
healthier dogs, thereby enriching the lives of their owners.
Our services will also give you the peace of mind knowing
that your dog is being properly cared for while you are
busy during the day.
Goals:
Provide a safe, fun and supervised environment where
friendly dogs can play and socialize with other friendly
dogs and introduce them to various breeds and sizes to
scratch their socialization itch.
2
i:d∎'$.0414444 !&E ASi:i`Sf:.Gx:i3, --
Outline of operation:
> Owners will drop off & pick -up their pets between the hours of
7:00am — 7:00pm or some escorted in from the park -n -ride.
> When the dogs arrived they will be taken out back to play and
be exercised in the 18,000 square foot fenced area. Which is 60
yards (180 feet) from the street.
> Water, snacks and food (provided by owners) will be available
throughout the day.
> Parents will have signed a waiver if any emergency arises. The
local vet, 2 miles away, will take care of any pets emergency.
> Owner will be versed in Emergency First Aid for dogs and will
be taking an on -line Vet -Tech course.
> Web cams will eventually be installed so the owners can check -
in on the dogs during the day via our website.
> There will be no kennels set up and no over -night boarding.
Strictly a Monday- Friday, 7am -7pm business. Not a kennel.
However, a shelter will be provided for inclimate weather.
• Being that the babysitting area is so far back from the street you
would not even know there is a business here. The area is well
insulated, that there would not be any noise generated from this
business at all. Due to a wall of 25' cabins that would block
anyone's view and retain any noise. It would not infringe upon
any of the neighbors due to the acreage we all have.
3
CLUB .�' ;Rx.y F. 5 .
i�� is � �.
fii AYCARE
13301 56 Ave. S. /Seattle, WA 98178 / 206 - 431 - 3536 /www.clubdogdaycare.com
General Application
Owner Information
Name:
Address:
City: State: Zip:
Home #: Work: Cell:
Best way to contact during daytime:
Dog Information
Name:
Breed: Color/ Markings:
Date of Birth: Age:
Sex: Male- Female Spayed/Neutered? Yes/No Weight:
Emergency Contact Information
Name:
Relationship:
Emergency Contact Number:
Authorized Alternatives for pick - up
Name:
Relationship:
Phone:
Name:
Relationship:
Phone:
When will you need daycare? (Please circle)
Occasionally Weekly Daily
Please give us a possible care schedule including times.
How did you hear about CI till' Do: Daycare ?
vi ;.
CLUB AYCARE
13301 56 Avenue South /Seattle, WA 98178/206-431-3536/www.clubdogdayeare.com
Owner's Name:
Address:
City: State: Zip: Home #: ( )
Dog's Name: Breed:
1.Club Dog Daycare ( "the Facility") agrees to diligently exercise reasonable care for your dog and to keep
the premises sanitary and properly enclosed. Owner hereby release the Facility, it's staff, owners,
employees and agents from any and all liability arising from the pet's stay at the facility. All pets are
accepted for care without liability on the part of the Facility, it's staff, owners, employees and/or agents for
any loss of damage arising out of or relating to pet's care including but not limiting to, disease, theft,
escape, injury, harm to persons, other pets or property. It is expressly agreed in any event that any liability
for any reason shall in no event exceed the lesser of the current replacement value of a pet of the same
species or the sum of $200.00 per animal. The owner further agrees to be solely responsible for any and all
acts of said pet while in the care of the Facility and to indemnify the Facility from any claims of damages
for loss by third parties.
2. Should any pet become ill or need of any medical attention, the Facility reserves the right to administer
aid and/or to use any available veterinarian, unless specifically agreed to in writing signed by both parties.
Any expenses so incurred shall be paid for by the pet's Owners in addition to any other fees incurred for
services provided at or by the facility.
3. Owner agrees to pay the rate for services in the effect on the date pet is checked into the facility. Prices
are subject to prospective change at any time, without notice. No pet will be released until all charges are
paid in full. Cancellation fees may be applied for reservations cancelled less than 24 hours prior to
scheduled reservation. Owner shall remain liable for all charges incured for the care and maintenance of
the pet.
4. Owner warrants the pet is in good general health and is current on Rabies, Distemper, Parvovirus, and
Parainfluenza vaccinations when dropped off for any services provided at or by the facility. Owner must
provide proof of all required vaccinations prior to pet's first visit, at any time vaccinations are updated, or
on request. The facility reserves the right to refuse services or admittance to any dog. Constantly
barking dogs may not be re- admitted at the Facility's discretion.
5. Owner agrees that the pet will be picked up by Owner or a pre- approved agent by 7:00pm. Charges may
be incurred, at the prevailing rate, for a late pick -up. It is understood that the Facility does not provide
overnight accommodations. Pets not picked up by 7:00pm, unless otherwise arranged in advance by Owner
or a pre- approved Owner's agent, will be transported to and boarded at a location selected by the facility.
Should Owner or its pre- approved agent fail to contact the Facility within 24 hours after initial drop -off, pet
will be considered abandoned. Any expenses incurred for transport, overnight care, and/or placement or
adoption of said pet shall be paid by Owner, in addition to other fees incurred for services provided by, at
or through the facility. Remember this is a residential area, and we ask that you respect the 25mph
posted speed limit. By not abiding by the speed limit, you will be asked not to return.
6. Owner agrees that the pet may be videotaped, photographed, and/or recorded. The Facility shall be the
exclusive owner of the results and all proceeds of such tapings, photography, and recordings with unlimited
rights throughout the world, in perpetuity, to copyright, to use and to license in any other manner. Owner
further agrees that the pet may be used in any and all media and in the promotion, advertising, sale or
publicizing of the Facility.
I have read and accepted the Club Dog Rules and regulations, as well as the above conditions. I understand
and agree to the above.
Owners Signature Date
Temperament Certification
Please indicate your dog's overall temperament (circle all that apply):
z
Calm/laid back Playful Excitable/hyper Shy /slow to join = 1-: ;.-z
Dominant Aggressive Other o: w
6
JU
Describe you dogs level of obedience, including formal training: co o
co ill
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(Please circle Y/N) 2 �
Has your dog ever shown aggression toward people? Y N
Has your dog ever bitten or otherwise harmed a person? Y N u_ a
Has your dog ever shown aggression towards small dogs? Y N z w
Has your dog ever shown aggression towards large dogs? Y N z
Has your dog ever bitten or harmed another dog? Y N 1 ._ o
Has your dog ever been attacked or been bitten by another dog? Y N w w
Is your dog food possessive? Y N 2 o
Is your dog Toy possessive? Y N o cn.
Is your dog strongly territorial? Y N o t-.
Does your dog have any fears or phobias? Y N z 0 Lu
Does your dog show any signs of separation anxiety? Y N �
Does your dog have problems with housebreaking? Y N w z
Does your dog bark excessively or continually? Y N o
Is your dog destructive to furniture or toys? Y N I t-
Is your dog known to jump fences? Y N z
Please explain any "Yes" answers:
What are your dog's favorite toys and activities?
Is there anything that your dog should not have or be allowed to do?
Are there any issues or incidents regarding your dog's temperament that you would like
to bring to our attention?
I hereby certify that the above information is true and correct regarding the above named dog to the best of
my knowledge.
Owner's signature:
Date:
MOND[.: FRIDAY
7A 7PM
Features and Benefits:
> Over 18,000 square feet
of grass playground.
(indoor & outdoor)
> Seasonal Swimming Hole
> Scheduled grooming.
> Web Cams (coming soon)
> Doggie Bakery
> Beverages & Snacks
for you & your buddy
OUR GUARANTEE:
To return a well - socialized and
exercised dog to their parents at
the end of the day.
Special Arrangements can be
made for early drop -off and
late pick -up.
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Daily Rates:
Initial Trial Day
Hourly
Half day
Full Day
Unscheduled drop -off:
Weekly Rates:
2 days /Week
3 days /Week
4 days /Week
5 days/Week
Multiple Dog Discounts
> Gift Certificates Available
• Punch Cards (12 visits /13 free)
• Yz Day Free For Each Referral
No Charge
$5
$15
$23
$30
Per Day
$21
$20
$19
$18
HOW J JOIN
Fill out the application form and
have your veterinarian certify that
your dog is healthy and that all
vaccinations are up to date. The
forms are available at our facility
and soon to be on -line at:
www.clubdogdaycare.com.
All dogs over 3 months (12 weeks)
of age are welcome. Dogs over the
age of 6 months, must be spayed or
neutered.
Shots: Vaccinations must be
current on all dogs, to include:
rabies, distemper, parvovirus,
and parainfluenza. Bordatella is
recommended but not required.
Puppies must have the required
shots for their age.
All dogs must be friendly and play
well with others. Dogs must not
exhibit aggressive behavior toward
other dogs or to people. Dogs
must not be food or toy protective.
Club Dog will also tend to your
pet's special needs, e.g. medication
or diet.
MISSIO VISION;
CLUB DOG'S mission is to provide a
safe and entertaining environment for
dogs to socialize with other friendly
dogs. Dogs are social animals. They
need to interact with other dogs and
people on a regular basis. At our
facility they will enjoy playing and
exercising with other dogs throughout
the day. The atmosphere at CLUB
DOG will foster happier and healthier
dogs, thereby enriching the lives of
their owners. Our services will also
give you the peace of mind knowing
that your dogs are being properly cared
for, getting the socialization they need,
while you are busy during the day, and
that they are receiving the attention,
love and affection they enjoy.
CLUB DOG'S vision is to enhance
the "quality of life" of your best friend.
We do this by providing proper care,
attention, exercise, and adventure.
We will provide a safe and fun
environment where friendly dogs can
romp or relax. They will have the
opportunity to play and mingle with
other friendly dogs, allowing them to
scratch their socialization itch.
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LOCATIO LOCATION
tN
S. Center
Mall
Foster
Golf
Links
From the North:
South I -5 to Interurban Ave. exit #156.
Left on Interurban Ave. Left on 56 Ave
S. (approx. 'A mile). Club Dog is on the
left, located at 13301 56 Ave S.
South I-405 to exit #1. Turn left onto
Interurban Ave. Right on 56 Ave. S.
(approx. 'A mile). Club Dog is on the left,
located at 13301 56 Ave S.
From the South:
North on I -5 to exit #156 Tukwila,
Interurban. Right on Interurban Ave.
Turn left onto 56 Ave. S. (approx. %2
mile). Club Dog is on the left,
located at 13301 56 Ave. S.
CLU DOG
DAB ARE
13301 56 Ave. S.
Tukwila, WA 98178
(206) 696 -0026
www.clubdogdaycare.com
AUTOMATIC FIRE, ALARM
INSTALLATION NOTICE
CTR INFORMATION
SAFETY IN OVERNIGHT, LODGING
THIS AREA IS . 0 BE COMPLETED O NLY BY APPLICANTS WITH. HOME 'OCCUPATION
HOME OCCUPATION (business operated out of your Tukwila residence)
Conditions for Issuance of Business License
Pursuant to Tukwila Municipal Code Section 18.06.430 and City policy, home occupations (businesses conducted
in and out of a residence or apartment) are defined and must comply with certain conditions, as follow:
18.06.430 Home occupation.
"Home occupation" means an occupation or profession which is customarily incident to or carried on in a dwelling place,
and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on by a
member of the family residing within the dwelling place; provided, that:
1. There shall be no change in the outside appearance of the surrounding residential development;
2. No home occupation shall be conducted in any accessory building;
3. Traffic generated by such home occupations shall not create a nuisance;
4. No equipment or process shall be used in such home occupation which creates noise, vibration,
glare, fumes, odor, or electrical interference detectable to the normal senses off the lot;
5. The business involves no more than one person who is not a resident of the dwelling; and
6. An off - street parking space shall be made available for any non - resident employee.
The above conditions are interpreted to mean at a minimum that
• Employees do not come to the property on a daily or weekly basis.
• No more than one work car will be parked on or near the property at any one time.
• Outside storage of materials will not occur.
• Customers do not come to the premise (with the exception of daycares).
The business operator visits customers at their location.
• The interior of the premises appears primarily to be a residence.
As the operator of the home -based business it is necessary for you to sign below, thereby attesting that you have read
the above and agree to these conditions throughout the lifetime of the business conducted at the specified address.
Date
Signature
Print Name
Title /Position
Business Name and Address:
(for new building owners or those
planning to sell a building in Tukwila)
As required by Tukwila Municipal Code (TMC) 16.40.100(5): when sold, existing commercial, industrial and multi- family
dwellings which are not fully protected by an automatic sprinkler system shall have an Automatic Fire Alarm system
installed. If not installed by the property owner, upon sale of the property it will be the responsibility of the seller to
advise the buyer of this requirement. Multi- family dwellings which are sold and protected by an automatic sprinkler
system shall install a fire alarm system complying with TMC 16.40.110B.
( "Commute Trip Reduction" Program)
In 1991, Washington State passed a law (RCW 70.94.521 -551) directing city and county governments to institute
programs which require their major employers (with 100 or more affected employees - including owners and
managers - at a single worksite) to take measures to reduce the number of single- occupancy vehicle commute trips
per week per employee. "Affected employees" are those full -time employees who are scheduled to begin
their regular work day between 6:00 -9:00 AM, on at least two weekdays per week, 12 months of the year.
(For purposes of this law, 35 hours per week is considered full- time.)
Please indicate the number of your affected employees in the space provided on the front of this application.
If you need more information about Tukwila's Commute Trip Reduction Program, please contact the Commute Trip
Reduction Coordinator at 206-431-3670.
Businesses engaged in providing overnight lodging (hotels /motels) are required to participate in the SAFETY IN
OVERNIGHT LODGING PROGRAM per TMC 5.60. Copies of the governing ordinance and program description
can be obtained from the Tukwila Police Department Crime Prevention Unit.
(for Tukwila hotels /motels)
S��ti�.7t^b'et�av,
_�J
120441G. DAYCARE. AND
ADvorruRC. aNT
206-329-ZONE
(9663)
www.dogzoneseattle.com
112 E. Lynn St.
Seattle, WA 98102
At Eastlake Ave. & Lynn St.
Treat yourself
and your dog
to the best!
Canine care for the
1 working family
We provide a safe and healthy environment for
your dog to play and socialize including lots of
supervision and love.
We limit our services so that we can concentrate
on the care and love your dog deserves.
No more guilt when you leave!
Our large downtown facility has both indoor
and outdoor open space for your dog's running,
jumping and playing enjoyment.
Hours and Rates:
Prices start as low as $22 per day.
r' Hourly and family rates available.
We're open Monday through Friday,
7:00 am to 6:00 pm.
Stop by or call for an application packet.
NOTICE: OTICE IT IIS DUE TO HE QUALITY THIS TY OF THE DOCUMENT.
Metro Dog
Daycare • Kennels • Home Care
A LA AMIGA PETCARE COMPANY
• Dog Day Care
• Kennels
• Pet Services In Your Home
• Medications /Injections Given
• Experienced Veterinary Assistant
• Licensed, Bonded & Insured
3412 16th Avenue West
Seattle, WA 98119
(206) 284 -DOGS
3647
metro_dog @hotmail.com
Monday - Friday lam - 7pm*
Sat. Sam - 8pm
Sun. Sam - Noon, 4pm - 8pm
* special arrangements can be made
for early drop -off and late pick -up
• .. ••
. . • •
SERVICES OffERED:
Home "Style" Boarding as a Kennel Alternative
Doggie Daycare — Indoor / Outdoor play area
Basic Obedience Training
Positive reinforcement / Clicker ; • .
Counseling for Problem.Behaviors •
Agility Training on Regulation Equipment
-There's • .
'NO RAG LIKE HOME
•
•
. Except Theresa's
253 531 4422
• .www.theresaspetcare.com
BECAUSE CARE.. • • ••• . .• .
Theresa Kotas is a retired nurse and owner
of Theresa's "No Place Like Home": . •
She and' her•experienced staff. includes:
. vet, gro.omer and,experienced assistants.
. • •
•0
OBEDIENCE AND AGILITY TRAINING .•
• • Obedience Training teaches your dog:
Household Manners •
Acceptable Behaviors '
' a.• Soaalization Skills
•
•
. .
• •
- • Agility Training is a canine.SpQrt that teams •
handier and dog on an. agility course and is the
most fun yOu can have With Oar dog; • . •
. . .
• • TRAINING BOTH ENDS OF THE LEASH
•
• 14720 58th'Ave E •
• Puyallup, WA 98375. •
.110 PLAG LIKE HOME' 253 ‘".5312422
4s •
. . mums • wwW.theresaspetcare.coin •
THERESA'S
"NO PLACE LIKE HOME"
PET SERVICES
HOME "STYI,E" BOARDING
GROOMING SERVICES
KENNEL BOARDING.
•DOGGIE DAYCARE
OBEDIENCE & AGILITY TRAINING
UT UK PROVIDED
!NO• PLACE LIKE HOME" • •
. ?WORM •
253 '2531 §1411
wwW.theresaspetcare.com .
NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN
THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT.
Pampered Pooch
Dog Care
"Where your dog is
treated like
royalty"
AT PAMPERED POOCH YOU'RE DOG FEELS
LIKE HE IS ON VACATION TOOL
(Rates and Services)
Doggie Day Care:
$22.00 /day per dog
$15.00/ half day (6 hours)
2 dog families: $18.00 /day per dog
Hours of Operation: 7:00 a.m. — 6:00 p.m.
(Unless arranged otherwise)
Tues, Thurs, Sat, & Sun. only.
Overnight Boarding:
$35.00 /day per dog
2 dog families: $28.00 /day per dog
Full day charge for the 1S day regardless
of drop off time.
Pick -up before 10:00 a.m. = Free
Pick -up before 12:00 p.m. = $20.00
Pick -up after 12:00 p.m. = full day charge
Long -term plan available
Dog Walking:
$7.00/ 30- minute visit
Drop -bv Visits:
$12.00/ 30 minute visit
(must be within 10 miles or there is an additional
charge)
Each visit includes: 15 minute walk,
feeding, change of water, watering plants,
mail pick -up, turning on/off lights,
accident clean-up if needed.
Note: There is a one -time charge of $10.00
per dog under 9 months for cleanup and
potty training (on stays over 3 days)
Additional Services:!
• Nails Trimmed: $4.00 /small dogs only
• Shampoo - Brush- Blow -Dry: $8.00
• Ears Cleaned: $3.00
• Package Deal: $12.00 (all 3 services 1
listed above)
• Food re- supply or reimbursement: $.50
per cup or reimbursement of food
purchase
• Medication Administered: Free
• Trip to Veterinary Clinic: Free
(within 10 miles) otherwise $10.00
per trip
• Pick -up and drop off (additional charge
may apply)
Perks:(
Referral Bonus:
Refer a friend and receive 1 free day
of dog care
Punch Card Club:
Get your card punched for every day your dog
is here and receive one free day when it is
completely filled up!
Payment due upon pick -up
of pooch
NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN
THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT.
customized
holistic care
for your
canine
companion
fees for
overnight/extended stay and daycare services
effective 2/01/03
BandenHaus
HOLISTIC PET CARE
office hours
7:00 a.m. to 6:30 p.m. Monday through Friday
8:00 a.m. to 11:00 a.m on Saturday
4:00 p.m. to 6:00 p.m. on Sunday
overnight /extended stay Check -in after 3:00 p.m. or Check -out before noon, partial clay fee will apply
1 1 Dog
• 2 Dogs
Additional dogs (3 +)
1. Extended Stay —one month or more
! Food Supplied
1 Pickup and Delivery
ma
$30 /calendar day
$50 /calendar day
$2 0/calendar day
n ext. da
• Before /After Hours'Drop- off /Pickup $50 %occurrenceemet
▪ Pickup and�Delivery Inquire, fee depends on to
The 5, 10 and 2 0- DayrPackages` 90 days after the dai purchase
period. Rservtions must be made: a week. in, advance ,,
referral discounts
I For each new client that you refer to B a ; $15 '
referral discount. will: be applied to your: next invoice
service •or products
I If multi
balance
;c.
invoice
I Referral discounts;ex
Holiday weekend hours:
Saturday 8:00 a.m. to 11 a.m., Sunday closed
Monday 4:00 p.m. to 6:00 p.m.
Closed: July 4th, Thanksgiving, Christmas, New Years
$18 /partial day
$28 /partial day
$12 /partial day
15% discount applied to total overnight fee
Inquire, fee depends on dog and choice of food
Inquire, fee depends on location
Reservations are recommended. Holidays and summer weekends sometimes book months in advance, so make sure you make
a reservation as soon as you know your plans. Deposits are required for holiday reservations or for reservations made for a
month or more in advance. Deposit amount will be 30% of the total estimatei,:er'night
daycare 7:00 a.m. to 6:30 p.m. Monday through Fridayy
1 1 Day x;. ; per dog $ 28
3 $i
? 5 -Day Packages i ;� ' r , ,, dog $125 ($25 /day
1 10 -Day Packages ;; k� 1 dog } $2 0 ($ 22;
1 20 -Day' acka
�ti N:
1 Package,
referral discounts are applied: and resultin a cre .
e credit will be,:carrie'd for'ward to your next
n iscell0n eous
Vet Visits $20 /visit +the'vet fees c harged
during the`visit
�Flea/T ick/ Parasite Treatment: $2 %ccurrence
l 7
i'ry }i��r} 3`'' 'x. Rip 4`f'" v G :: ..5 ' , ,. ` �• i
# #,Additional ervtces /Supplies reimbursed upon
r. tx
ituai:ionk,pn
cation
The packages may,
206 - 901 -9335 1 bandenhaus@gwest.net
�.v,:;[.w�.mT ^^'i'JA.Y's . n f: W- . - .. .. .,. M t� ... raT.�f+' "•` : tX a•..
rf CI" �eay
ay
Janice's Crittercare
g eutize:45i eviitAviv ea/Lei
Welcome
About Us
Pet Sitting
Dog Walking
Dog Daycare
Critter. Links
http://home.netcom.corni-hexchex/crittercare.html
Welcome iLTh
Worry free pet care for your pets while you're away at work or
play.
Serving Federal Way, WA. and the surrounding areas.
We are one of the oldest pet sitting services in Federal Way and have
over 20 years of experience in the pet care business.
Certified Certified
American Red Cross ABKA
Pet First Aid for Cats & Dogs Pet Care Technician
VOTED # 1 Pet Care
By the readers of the Federal Way Mirror March 2000
Licensed Bonded Insured
References Available
Phone(253) 874 -2143 or Toll Free (877) 874 -2143
E -mail critter] @ix.netcom.com
Member Of
PET SITTERS INTERNATIONAL
i?U wn iltEd Eb,c.fi L. iL• 12d
W: Dog University
R Join Now
1 I Ring Hub - - -- I Random - - - - -- -- I « ( Next » ]
Page 1 of 2
Greater
• Way
Chamber of Commerce
2/23/04
NOTICE: IF THE DOCUMENT IN THIS FRAME IS LESS CLEAR THAN
THIS NOTICE IT IS DUE TO THE QUALITY OF THE DOCUMENT.
To Whom It May Concern: November 28, 2003
As an Animal Control Officer for King County, please allow me to advocate for Eric.
Eric plans to use his property to provide a doggie day care for the city of Tukwila. As a
day care, dogs would be dropped off in the morning and picked up in the evening. Dogs
would not be staying overnight. Eric is aware that he needs the proper business license
and insurance. He is also aware that in the event of unresolved complaints, I would be
forced to shut his business down. I feel that there is a need for this type of service in the
.area. Dogs that are adequately socialized and exercised during the day make happier,
better behaved pets. As a pet owner, Eric's dogs are well taken care of, well behaved,
and are licensed in accord with Tukwila ordinances. In my professional opinion, I
believe that you should reconsider this request and allow Eric to proceed with his plan in
accordance with the laws governing Tukwila and King County. If you wish to contact
me, you may call me at 20f- 992 -4071. My shifts rotate, so please allow time for my
response. Thank you foi, consideration of this request.
Si erely,
M 21—
Pam McLaren
King County Animal Control Officer
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11/30/03
To whom it may concern:
My name is Pam Honig and I am writing this letter on the behalf
of Eric & Julia Bendfelt. We have been neighbors for over four (4)
years. I have lived in the house next door for a total of fourteen
(14) years. I have owned, bred, & shown dogs for all of those years.
One of my closest friends owns and operates one of the premier
boarding facilities located in Des Moines. The reason I mention
this is, in no way shape or form, what Eric & Julia propose is even
close to a kennel. As I understand it there will be no boarding or
breeding of dogs.
Since they have moved in, they have taken a worn down piece of
property and turned it into a clean, quiet respectable home. I take
a lot of comfort in knowing that I have two responsible and
respectful neighbors. The previous ten years I was dealing with a
lot of shady neighbors. They have brought up the quality of
clientele and have made some incredible improvements to their
property and the neighborhood. It is nice to know I have a
neighbor I can rely on. The neighbor on the other side is a nice
gentleman, however, he and his band practice on a regular basis.
Talk about disturbing the neighborhood.
Eric has shared his idea for operating a daycare for dogs. I would
have no objections whatsoever with his intentions. It would be a
great business and being that Eric & his wife are responsible
individuals, they would not infringe on any other properties. I am
100% behind his home business. The location is outstanding, being
that it is in the back of the property.
Warmest Regards,
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Regarding a matter of permitting at 13301 56th Avenue South, Tukwila:
This is to encourage approval of Mr Eric Bendfelt's request for a permit to operate a
"doggy- daycare" at his location.
My wife and I own and occupy the property directly adjacent to his along his south
property line from 56th Avenue South westward more than 130 yards to the
Duwamish. He has shown us what he wants to do and where he wants to do it, and it
appears to us that this use of his back yard during daylight hours is a practical and
far more positive use of the property than some other owners have made of their
properties —for instance, storage without a permit of heavy earth - moving equipment
behind a duplexed residence in one case, and a burned -out factory now used as a
temporary storage lot for a demolition company in another.
Eric and his wife have done an excellent job as owners for the last four years of a
substantial property in this . once moribund neighborhood, contributing significantly
to improving Foster Point's image within the Tukwila community.
As you might imagine, we think dogs playing in Eric's yard is a better use of Foster
Point than machinery dripping diesel fuel and hydraulic fluid into what is essentially
a federally- protected riverbank.
As this neighborhood changes, especially as it will after the installation of a sewer
in 2004, we view Eric's idea as a positive contribution to local services available to
local people, and hope you might also.
If I can answer any questions you have please call me at 206 550 7476.
Yours cordially,
Stephen Bray
13309 56th Avenue South
Tukwila 98178
1 December 2003
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Airport Operations, King County International Airport Page 1 of 2
King County
KCIA HOME
4' Noise Abatement
+ Airport Operations
r Tenant Directory
Airport Planning
4- Community Outreach
4- History
Related Links
FAA
Boeing Company web
site
Museum of Flight web
site
Updated: March 10, 2003
News :,:
- . :Services .
Department i o� K i ng County International Airport
DOT NOME METRO PLANNING ROADWAYS ALTERNATIVES HAPPENINGS , AIRPORT.: SITE MAP
Home >Transportation > Airport > Airport Operations
Airport Operations
King County International Airport, commonly known as Boeing
Field, is owned by King County and managed by the Aviation
Division of the King County Department of Transportation. KCIA
is one of the busiest general aviation airports in the country -
used by aircraft of all sizes and types, and filling a wide range of
commercial and recreational needs. KCIA receives no general
tax dollars and is financed by rents, fees and some FAA
resources.
KCIA was opened in 1928 to serve multiple functions: as a
municipal airport, as a testing and delivery facility for the Boeing
Company, and as a major air freight center for the region's
industries. Today, KCIA continues to fill a multitude of needs and
averages=290,000'operations annually. The Airport is a base for
about 150 businesses, including air cargo companies, flight
schools, charter operations, and helicopter services. Other
tenants include hundreds of small aircraft owners who use
planes for recreational and business purposes. The Museum of
Flight, located at the southwest corner of the Airport, features a
wide variety of aircraft and exhibits showcasing aviation history
from the earliest days of manned flight until today.
Airport Facts (not to be used for air navigation)
Comments
Search
Location: 5 miles south of downtown Seattle in the Duwamish
Corridor
Elevation: 17 feet above MSL
Latitude: 47 31.80' N
Longitude: 122 18.12' W
Based Aircraft: 479
Designation: BFI
Weather Data /ASOS: 206- 763 -6904
Services: U.S. Airport of Entry - U.S. Customs, Immigration,
Public Health and Agricultural Inspection Facilities
Area: 594 Acres
Fuel: 100 LL, Jet A
Runway 13R/31 L - 10,000' x 200', 330,000 lbs dual tandem
strength, ILS, LOC /DME
Runway 13U31 R - 3,710' x 100' 12,500 lbs strength
Back to Top I Back To Airport Home
King County International Airport I Maps & I Current Operations I Noise Programs I Education I
History I Master Plan I Community Outreach
http:// www .metrokc.gov /airport/operations /index.htm
2/23/04
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Tukwila's definition: KENNEL 18.06.465
"Kennel" means a place where four or more dogs or cats
or any combination thereof are kept.
Webster Dictionary Definition of:
Kennel
1.) A shelter for a dog
2.) Boarding of dogs: boarding: to provide regular
meals & lodging.
3.) An establishment where dogs are bred trained or
boarded.
Kept
1.) To detain
2.) To restrain
3.) To prevent or deter
4.) To hold back
5.) To refrain from granting giving or allowing
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VACANT LOT ACROSS THE STREET - OWNER HAS PROPOSED
TO BUILD 5 HOUSES ON LOT
VACANT WAREHOUSE ACROSS THE STREET - READY FOR
DEMOLITION
Railroad station 1 /2 mile away
1-5 overlooking backyard facing south
'•`2 A-itt iga..k..
ENTRY GATE ONTO PROPERTY
60 YARDS FROM STREET TO 25FT HIGH CABINS, WHICH
SEPARATES THE PROPERTY
6 FOOT CEDAR FENCE IN BACKYARD
5 FOOT CHAIN LINK FENCE IN BACK YARD
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