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Home My WebLink AboutFS 2013-05-21 Item 2C - Ordinance - Leash LawTO: City of Tukwila Jim Maggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Jon Harrison, Police Patrol Commander DATE: April 30, 2013 SUBJECT: AMENDMENT TO TMC SECTION 7.20.020 "DOGS AT LARGE - REQUIREMENT OF A LEASH OR CHAIN" OF ORDINANCE NO. 2306. ISSUE The Council is being asked to consider and approve amendment of TMC 7.20.020 that provides law enforcement officers the authority to enforce the leash law. BACKGROUND Section 7.20.020 of the TMC provides that dogs must be on a leash or chain if away from the premises where the dog is owned, harbored, controlled or kept. DISCUSSION When Section 7.20.020 "Dogs at Large - Requirement of a Leash or Chain" was created, it did not expressly provide anyone the authority to enforce this section. While the police department does not plan on taking over animal control duties, we would like to be the designee for the purposes of enforcing the leash law. Amendment to TMC Section 7.20.020 would provide our officers the authority to issue civil infractions if they observe violations. RECOMMENDATION The amendment has been reviewed and approved by legal and city administration. The Council is being asked to consider this item and approve at the May 28, 2012 Committee of the Whole meeting and subsequent June 3, 2013 Regular Meeting. ATTACHMENTS -Draft ordinance amending "Dogs at Large- Requirement of a Leash or Chain" -TMC Chapter 7.20 "Dogs at Large and Leashes" 45 46 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2306 §4, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 7.20.020, "DOGS AT LARGE — REQUIREMENT OF A LEASH OR CHAIN," TO PROVIDE FOR ENFORCEMENT AUTHORITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila regulates animals within the City and Tukwila Municipal Code Section 7.20.020 specifically provides that dogs must be on a leash or chain if away from the premises where the dog is owned, harbored, controlled or kept; and WHEREAS, Title 7 of the Tukwila Municipal Code (TMC) does not authorize a specific person to enforce this provision; and WHEREAS, in the interest of public health, safety, and welfare, the City Council desires to provide law enforcement officers with the authority to issue civil infractions for such violations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 7.20.020, "Dogs at Large— Requirement of a Leash or Chain," Amended. Ordinance No. 2306 §4, as codified at TMC Section 7.20.020, "Dogs at Large— Requirement of a Leash or Chain," is hereby amended to read as follows: It shall be a violation of this chapter for any owner or custodian to cause, permit or allow any dog owned, harbored, controlled or kept by him /her in the City to roam, run or stray away from the premises where the dog is owned, harbored, controlled or kept; except that, while away from the premises, the dog shall at all times be controlled by the owner or some duly authorized and competent person by means of a leash or chain not exceeding eight feet in length, provided that such leash or chain is not required for any dog when otherwise safely and securely confined or completely controlled while in or upon any vehicle. Any law enforcement officer shall have the authority to issue civil infractions under this provision. W: Word Processing \Ordinances \Leash law amended 4 -2 -13 strike -thru SK:bjs Page 1 of 2 47 Section 2. Corrections by City Clerk or Code Reviser. 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 3. 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 4. 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 , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Leash law amended 4 -2 -13 strike -thru SK:bjs 48 Page 2 of 2 TUKWILA MUNICIPAL CODE CHAPTER 7.20 DOGS AT LARGE AND LEASHES Sections: 7.20.010 Definitions 7.20.020 Dogs at Large -- Requirement of a Leash or Chain 7.20.030 Penalties 7.20.010 Definitions A. 'Animal" means any living creature except Homo Sa- piens, insects and worms. B. "City "shall mean the City of Tukwila C. "Owner " means any person, firm, corporation, organi- zation or department having an interest in or right of posses- sion to an animal, or having control, custody or possession of an animal, including possession by reason of the animal being seen residing consistently at a location. D. "Person "means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity (Ord. 2306 §4, 2010) 7.20.020 Dogs at Large -- Requirement of a Leash or Chain It shall be a violation of this chapter for any owner or cus- todian to cause, permit or allow any dog owned, harbored, controlled or kept by him/her in the City to roam, run or stray away from the premises where the dog is owned, harbored, controlled or kept; except that, while away from the premises, the dog shall at all times be controlled by the owner or some duly authorized and competent person by means of a leash or chain not exceeding eight feet in length, provided that such leash or chain is not required for any dog when otherwise safe- ly and securely confined or completely controlled while in or upon any vehicle. (Ord. 2306 §4, 2010) 7.20.030 Penalties A. Violation, civil penalty. In addition to any other pe- nalty provided in this title or by law, any person whose dog is maintained in violation of this title shall incur a civil penalty plus billable costs of the Animal Control Authority. The penalty shall be $50 for the first notice of violation, $75 for the second violation in any one -year period, and $200 for each successive violation. B. Civil penalty, collection. The civil penalty described in TMC Section 7.20.030(A) is the personal obligation of the dog owner. The Animal Control Authority, on behalf of King County, and the City Attorney, on behalf of the City, may col- lect the civil penalty by use of all appropriate legal remedies. C. Cost of enforcement, collection. In addition to the costs and disbursements provided for by statute, the prevailing party in a collective action under this chapter may, in the court's discretion, be allowed interest and a reasonable attor- ney's fee. The City Attorney shall seek such costs, interest, and reasonable attorney's fees on behalf of the City or County when the City is the prevailing party. (Ord. 2306 §4, 2010) Page 7 -26 Produced by the City of Tukwila, City Clerk's Office 49