HomeMy WebLinkAboutCSS 2023-02-13 Item 1B - Ordinance - Update Animal Control Regulations (TMC Title 7 "Animals")W
i City of Tukwila
Allan Ekberg, Mayor
19oa INFORMATIONAL MEMORANDUM
TO: Community Services and Safety Committee
FROM: Chief Eric Dreyer
BY: Commander Dale Rock
CC: Mayor Ekberg
DATE: February 6, 2023
SUBJECT: Changes to TMC Title 7
ISSUE
The Police Department is seeking committee approval to repeal ordinance numbers 2466 and
2651, as codified in Tukwila Municipal Code (TMC) Title 7, "Animals," and reenact TMC Title 7
to adopt by reference King County Code Title 11 and retain two existing sections of Title 7.
BACKGROUND
The City of Tukwila contracts with King County Regional Animal Control for animal control
services. TMC Title 7 has sections that are not consistent with King County Code Chapter 11.
These inconsistencies make it difficult for Animal Control Officers to provide equitable and
consistent services in the areas that they serve. Our objective is to ensure the TMC provides
clear guidance to ensure that King County Regional Animal Control has the tools they need to
appropriately regulate animals within the City.
DISCUSSION
King County Regional Animal Control provides animal control services for the city of Tukwila.
Inconsistent laws between the City's code and the County's code (KCC Title 11) make it difficult
for King County Animal Control to enforce violations in the city. By incorporating by reference
the entirety of King County Title 11, Animal Control Officers will be able to provide consistent
services throughout the city and King County.
Besides promoting consistency in the laws, TMC Title 7 has chapters that are obsolete, such as
regulations specific to exotic animals and guard dogs, that should be repealed. Additionally,
TMC Title 7 has a chapter on dangerous dogs and another on vicious animals which creates
confusion and redundancy and makes it challenging for King County Animal Control to
determine which chapter is applicable.
In a recently appealed decision of the King County Animal Control, the hearing examiner found
for the appellant/dog owner because of inconsistencies between the TMC and KCC. The owner
had been cited by King County Animal Control for letting his dog run at large, which under the
KCC Title 11 is a violation. However, under TMC Title 7, which applied in this case as the dog
was in Tukwila, the code only identifies "at large" violations to be in public parks, beaches,
playgrounds, school, and food establishments. Since the dog had been cited for running "at
large" generally, the hearing examiner overturned the citation. Clarifying these types of code
inconsistencies by repealing the TMC and relying on the KCC ensures that the Animal Control
Officers can easily and clearly enforce the code, which better ensures the safety of the public.
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INFORMATIONAL MEMO
Page 2
The two chapters that TPD proposes to retain are two sections that King County Animal Control
does not regulate (existing TMC chapter 7.08 — Livestock, Small Animals and Fowl, and existing
TMC chapter 7.30 — Animal Feces). TPD proposes to retain these chapters and renumber them
to ensure city code enforcement officers, can enforce those provisions as needed.
FINANCIAL IMPACT
There is no financial impact by making changes to the Tukwila Municipal Code.
RECOMMENDATION
Request that the Committee approve the repeal of ordinance numbers 2466 and 2651, as
codified in Tukwila Municipal Code (TMC) Title 7, "Animals," and reenact TMC Title 7 as
proposed, and forward to the 2/27/23 Committee of the Whole meeting and the 3/6/23 Regular
meeting.
ATTACHMENTS
Ordinance with strike -through
Ordinance change request from King County
{EFM2727195.DOCX;2/13175.000001/ }https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/Police/Animal control ordinance
amendment -Info memo.docx
44
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2466
AND 2651, AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC)
TITLE 7, "ANIMALS"; REENACTING TMC TITLE 7 TO ADOPT BY
REFERENCE KING COUNTY CODE TITLE 11; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 2015 the Tukwila City Council approved Ordinance No. 2466, which
established City regulations for animals including for exotic animals, guard dogs, and
dangerous dogs, as codified in Title 7, "Animals," of the Tukwila Municipal Code; and
WHEREAS, in 2021 the Tukwila City Council approved Ordinance No. 2651, which
established additional enforcement procedures related to animal control; and
WHEREAS, the City contracts with Regional Animal Services of King County to
provide animal control services; and
WHEREAS, the King County Council has separate regulations regarding animal care
and control as codified in King County Code (KCC) Title 11; and
WHEREAS, Regional Animal Services of King County has requested that the City
adopt the regulations codified in KCC Title 11 so as to provide for broader authority
regarding animal control services; and
WHEREAS, the proposed revisions to Tukwila Municipal Code Title 7, "Animals," are
necessary to align the TMC with current animal care and control regulations, as enforced
by Regional Animal Services of King County, and is in the best interest of the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance Nos. 2466 and 2651, as codified in Tukwila
Municipal Code (TMC) Title 7, "Animals," are hereby repealed in their entirety, thereby
eliminating the following chapters of the Tukwila Municipal Code:
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Chapter 7.08 — Livestock, Small Animals and Fowl
Chapter 7.10 — Exotic Animals
Chapter 7.12 — Animal Care and Control Regulations
Chapter 7.16 — Dangerous Dogs
Chapter 7.18 — Guard Dogs
Chapter 7.20 — Dogs at Large and Leashes
Chapter 7.30 — Animal Feces
Section 2. TMC Title 7 Reenacted. TMC Title 7 is hereby reenacted to read as
follows:
Chapters:
7.01
7,087.05
7.10
7.12
7.16
7.18
7.20
-7—.307.10
TITLE 7
ANIMAL CARE AND CONTROL
General Provisions
Livestock, Small Animals and Fowl
Exotic Animals
Animal Care and Control Regulations
Dangcrous Dogs
Guard Dogs
Dogs at Largc and L ashes
Animal Feces
Section 3. TMC Chapter 7.01 Established. TMC Chapter 7.01 is hereby
established to read as follows:
CHAPTER 7.01
GENERAL PROVISIONS
Sections:
7.01.010 Regulations
Section 4. TMC Section 7.01.010 Established. TMC Section 7.01.010 is hereby
established to read as follows:
7.01.010 Regulations
All statutes of King County Code Title 11, as now in effect or as may be
subsequently amended or recodified, are hereby adopted by reference.
Section 5. TMC Chapter 7.05 Established. TMC Chapter 7.08 is hereby reenacted
and recodified as TMC Chapter 7.05, which shall read as follows:
CHAPTER 7487.05
LIVESTOCK, SMALL ANIMALS AND FOWL
Sections:
7.08.0107.05.010 Chapter compliance required
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7.08.0207.05.020
7.08.0307.05.030
7.08.0407.05.040
7.08.0507.05.050
7.08.0607.05.060
7.08.0707.05.070
7.08.0807.05.080
7.08.0907.05.090
7.084007.05.100
7.08.1107.05.110
7.08.1207.05.120
7.08.1307.05.130
X084407.05.140
7.08.1507.05.150
Livestock defined
Small animals and fowl defined
Animals kept as pets
Roosters prohibited
Enclosure construction
Maintaining swine within City limits
Minimum area for keeping animals
Number of animals per property area size
Distance from any dwelling
One building per parcel for housing
Nuisance prohibited
Manure removal
Enforcement
Exemptions
Section 6. TMC Section 7.05.010 Established. TMC Section 7.08.010 is hereby
reenacted and recodified as TMC Section 7.05.010, which shall read as follows:
7.08.0407.05.010 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 and TMC
Title 18. If there is a conflict between a provision of this chapter and a provision in TMC
Title 18, the provision in TMC Title 18 shall control.
Section 7. TMC Section 7.05.020 Established. TMC Section 7.08.020 is hereby
reenacted and recodified as TMC Section 7.05.020, which shall read as follows:
7.08.0207.05.020 Livestock defined
"Livestock," where used in this chapter, means and includes horses, mules,
ponies, cattle, sheep, goats, llama, oxen and swine. "Large livestock," where used in
this chapter, means and includes cattle, goats, llama, oxen and swine. "Small
livestock," where used in this chapter, means and includes sheep and goats smaller
than 24 inches at the shoulder and/or not more than 150 pounds in weight.
Section 8. TMC Section 7.05.030 Established. TMC Section 7.08.030 is hereby
reenacted and recodified as TMC Section 7.05.030, which shall read as follows:
7.08.0307.05.030 Small animals and fowl defined
"Small animals and fowl," where used in this chapter means and includes rabbits,
chinchillas, chickens, geese, ducks, turkeys, peafowl and pigeons.
Section 9. TMC Section 7.05.040 Established. TMC Section 7.08.040 is hereby
reenacted and recodified as TMC Section 7.05.040, which shall read as follows:
7.08.0407.05.040 Animals kept as pets
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Dogs, cats, guinea pigs, hamsters, ferrets, fish, parrots, parakeets and similar
animals kept as household pets within a dwelling unit will not be subject to the
limitations of this chapter. Dogs and cats are regulated by TMC Section 7.12 .01.010.
Section 10. TMC Section 7.05.050 Established. TMC Section 7.08.050 is hereby
reenacted and recodified as TMC Section 7.05.050, which shall read as follows:
7.08.0507.05.050 Roosters prohibited
The keeping of roosters within the City limits is prohibited.
Section 11. TMC Section 7.05.060 Established. TMC Section 7.08.060 is hereby
reenacted and recodified as TMC Section 7.05.060, which shall read as follows:
7.08.0607.05.060 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.
Section 12. TMC Section 7.05.070 Established. TMC Section 7.08.070 is hereby
reenacted and recodified as TMC Section 7.05.070, which shall read as follows:
7.08.0707.05.070 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.
Section 13. TMC Section 7.05.080 Established. TMC Section 7.08.080 is hereby
reenacted and recodified as TMC Section 7.05.080, which shall read as follows:
01.05.080 Minimum area for keeping animals
With the exception of chickens, no horses, mules, ponies, small livestock, small
animals or fowl shall be kept on any property within the City limits where the parcel does
not contain a minimum of 10,000 square feet of area, or other minimum area as set
forth in this chapter. Chickens may be kept as an accessory to any legal use regardless
of the area of the parcel. No large livestock shall be kept on any property within the City
limits where the parcel does not contain a minimum of 43,560 square feet (one acre) of
area. At least 20,000 square feet of pasture area is required for keeping a horse, mule
or pony in the City.
Section 14. TMC Section 7.05.090 Established. TMC Section 7.08.090 is hereby
reenacted and recodified as TMC Section 7.05.090, which shall read as follows:
7,08,0907.05.090 Number of animals per property area size
A. Small animals and fowl shall be permitted in numbers as follows:
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1. Twelve rabbits, twelve chinchillas, twelve pigeons or any combination of
rabbits, chinchillas or pigeons, not to exceed a total of twelve collectively, for 10,000
square feet of property.
2. The number of rabbits, chinchillas or pigeons may be increased by 1/10th
for each additional 1,000 square feet of property.
3. Six geese, six ducks, six peafowls, 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, peafowls or turkeys may be increased
1/10th for each additional 1,000 square feet of property.
5. One chicken per every 1,000 square feet of property.
6. 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.
B. Livestock shall be permitted in numbers as follows:
1. 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.
2. Two large livestock for each 43,560 square feet (one acre) of property.
Additional large livestock requires an additional 43,560 square feet (one acre) of
property.
3. Not more than 3 small livestock for each 10,000 square feet of property,
but not more than a total of 6 of the above-mentioned animals shall be allowed on the
same lot.
Section 15. TMC Section 7.05.100 Established. TMC Section 7.08.100 is hereby
reenacted and recodified as TMC Section 7.05.100, which shall read as follows:
7.08.1007.05.100 Distance from any dwelling
Enclosures for the housing of small animals and fowl shall be built and located not
less than 10 feet from any dwelling and property line. The roaming area for the small
animals and fowl shall be fenced and located not less than 10 feet from any dwelling.
Section 16. TMC Section 7.05.110 Established. TMC Section 7.08.110 is hereby
reenacted and recodified as TMC Section 7.05.110, which shall read as follows:
7.08.1107.05.110 One building per parcel for housing
Not more than one building for the housing of livestock, small animals or fowl shall
be allowed on any one parcel.
Section 17. TMC Section 7.05.120 Established. TMC Section 7.08.120 is hereby
reenacted and recodified as TMC Section 7.05.120, which shall read as follows:
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7.08.1207.05.120 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.
Section 18. TMC Section 7.05.130 Established. TMC Section 7.08.130 is hereby
reenacted and recodified as TMC Section 7.05.130, which shall read as follows:
7.08.1307.05.130 Manure removal
A. All enclosures, confinement areas, and/or open run areas shall be kept clean.
Provision shall be made for the removal of animal waste and food waste so that the
areas are kept free from infestation of insects, rodents or disease, as well as to prevent
obnoxious or foul odors. Animal waste shall be properly disposed of and any
accumulated animal waste must not be stored within the parcel setback area. Any
storage of animal waste must not constitute a nuisance.
B. Manure shall not be allowed to collect in any place where it can prejudicially
affect any source of drinking water.
C. Manure, when used as a fertilizer, must be plowed or spaded under within 24
hours after application.
Section 19. TMC Section 7.05.140 Established. TMC Section 7.08.140 is hereby
reenacted and recodified as TMC Section 7.05.140, which shall read as follows:
7.08.1407.05.140 Enforcement
Code Enforcement Officers for the City or any law enforcement officer shall be
authorized to enforce this chapter, unless otherwise provided.
Section 20. TMC Section 7.05.150 Established. TMC Section 7.08.150 is hereby
reenacted and recodified as TMC Section 7.05.150, which shall read as follows:
7.08.1507.05.150 Exemptions
A Residents may keep all animals legally owned and kept prior to the effective
date of this ordinance, provided they do not constitute a nuisance.
B. Any person, persons, firm or corporation who 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.
Section 21. TMC Chapter 7.10 Reenacted. TMC Chapter 7.30 is hereby
reenacted and recodified as TMC Chapter 7.10, which shall read as follows:
CHAPTER 7,30
ANIMAL FECES
Sections:
7.30.0107.10.010 Definitions
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7.30.0207.10.020 Animal Feces — Unlawful Accumulation and Requirement for
Removal
7.30.0307.10.030 PcnaltiesEnforcement
Section 22. TMC Section 7.10.010 Reenacted. TMC Section 7.30.010 is hereby
reenacted and recodified as TMC Section 7.10.010, which shall read as follows:
7.30.0107.10.01U Definitions
A. "City" shall mean the City of Tukwila.
B. "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 temporary possession or possession by reason of
the animal being seen residing consistently at a location.
C. "Person" means any individual, partnership, firm, joint stock company,
corporation, association, trust, estate, or other legal entity.
Section 23. TMC Section 7.10.020 Reenacted. TMC Section 7.30.020 is hereby
reenacted and recodified as TMC Section 7.10.020, which shall read as follows:
7.30.0207.10.020 Animal Feces — Unlawful Accumulation and Requirement for
Removal
A. It shall be a violation of this chapter for any owner to cause, permit or allow the
accumulation of animal feces in any open area, run cage or yard wherein those animals
are kept, or to fail to remove or dispose of feces at least once every seven days. The
accumulation of animal feces in any quantity that constitutes a hazard to the health,
safety or convenience of any persons, or that interferes with the use of or enjoyment of
any neighboring property as a result of odors, visual blight, or attraction of insects or
pests, constitutes a nuisance.
B. It shall be a violation of this chapter for any person to fail to remove and
properly dispose of the fecal matter deposited by a dog or other animal in his or her
possession on public property such as park property, school grounds, public rights-of-
way, or public easements or on private property that does not belong to the animal's
owner or the person currently in possession of the animal.
C. Any law enforcement officer shall have the authority to issue civil infractions
under this provision.
Section 24. TMC Section 7.10.030 Reenacted. TMC Section 7.30.030 is hereby
reenacted and recodified as TMC Section 7.10.020, which shall read as follows:
7.30.0307.10.030 PeesEnforcement
A. Violation, civil penalty. In addition to any other penalty provided in this title or
by law, any person whose dog is maintained in violation of thin
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the first notice of violation, $75 for the sec
$200 for each successive violation.
B. Civil penalty, collection.
. . . 1
The civil penalty described in TMC Section
on behalf of King County, and the City Attorney, on behalf of the City, may collect the
provided for by statute, the prevailing party in a collective action under this chapter may,
Attorney is authorized to seek such costs, interest, and reasonable attorney's fees on
behalf of the City or County when the City is the prevailing party.
Code Enforcement Officers for the City or any law enforcement officer shall be
authorized to enforce this chapter pursuant to the provisions in TMC Chapter 8.45.
Section 25. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to
make necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 25. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 26. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
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King County
Regional Animal Services of King County (RASKC)
21615 64th Ave. South 1 Kent, WA 98032
206-296-7387 1 pets@kingcounty.gov
www.kingcounty.gov/pets
TTY Relay: 711
To : Commander Rock, Tukwila PD
From : Tim Anderson, Lead Animal Control Sergeant, Regional Animal Services of King County
Date : January 25, 2023
RE : Tukwila Municipal Code 7
Regional Animal Services of King County (RASKC) respectfully requests the City to adopt King County title
11 by reference. RASKC has identified definition challenges between TMC and KCC which have an impact
on enforcement cases, additionally adopting title 11 by reference will simplify enforcement for RASKC
animal control officers and help community members with one consistent code.
I would recommend the City keep 7.08 which applies to number of animals, lot size, prohibition of
roosters and fowl (often this type of language is under zoning in other cities as well as KC) my
interpretation is enforcement of this section is done by Tukwila code enforcement or police officers.
TMC 7.10 applies to exotic animals. Proposed KCC would align with state law and provide progressive
enforcement starting with civil penalties appealable through KC Hearing Examiner escalating to a
misdemeanor. Proposed code addresses impounding exotic animals.
Regulations for pet shops, groomers and kennels are referenced in proposed code but these types of
businesses are licensed and inspected by Seattle/King County Public Health under the health code. I've
met with public health to address any code cross over or concerns in this portion of the code as well as
rabies/quarantine for biting animals. I do not see a need for the City to maintain language in this portion
of the code related to these type of businesses.
RASKC keeps hobby kennels and catteries with minor changes, I'd recommend adopting proposed KCC.
Potentially dangerous and dangerous dogs were not previously part of KCC instead these animals were
identified as vicious. Adding potentially dangerous and dangerous dog to KCC is the largest and most
significant change. The proposed changes align with state law as well as surrounding jurisdictions. The
appeal process would fall to King County Hearing Examiner instead of the Tukwila Hearing Examiner as it
is currently written under TMC 7.16. The proposed KCC goes more in depth than TMC as currently
written with additional definitions, addressing provocation as a defense, increased insurance amounts
for the keeping of a dangerous dog as well as annual registration for potentially dangerous and
dangerous dogs.
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KCC and TMC currently have language in regard to guard dogs. We currently have no guard dog permits
nor have we had any in the twelve years I've been at RASKC, we've struck what seems to be antiquated
language.
I've added a poop scoop code to the proposed KCC but it applies only to a dog owner who fails to
remove feces from a public place. TMC 7.30 includes removing from a public place but also extends to
animal waste accumulation on an owner's property. The city may want to keep this in place but if you'd
like RASKC to enforce I believe an addition to 7.30.020 C to include animal control officers would be
necessary. It currently reads "C. Any law enforcement officer shall have the authority to issue civil
infractions under this provision.", I'd suggest "C. Any law enforcement officer or animal control officer
shall have the authority to issue civil infractions or civil penalties under this provision.".
Please let me know if you have any questions or concerns regarding this request.
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