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Home My WebLink AboutCOW 2013-05-28 Item 4B - Ordinance - Amend TMC Section 7.20.020 "Dogs at Large - Requirement of a Leash or Chain"COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review cjorl r iew 05/28/13 ph Motion Mtg Date 06/03/13 ph Bid Award Mtg Date E Public Hearing Mtg Date iii. Other Mtg. Date CATEGORY 1 Discussion Mtg. Date SPONSOR Council E Mayor E HR E DCD I Finance L Fire IT .1 P e.,R Police SPONSOR'S The Council is being asked to consider and approve amendment to TMC 7.20.020 which SUMMARY will allow law enforcement officers the authority to issue civil infractions if they observe violations. The current ordinance does not expressly provide anyone the authority to enforce the leash law. REVIEWED BY COW Mtg. CA&P Cmte Ei F&S Cmte E Transportation Cmte E Utilities Cmte n Arts Comm. _ Parks Comm. 0 Planning Comm. DATE: 5/21/13 COMMITTEE CHAIR: ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE ITEM INFORMATION ITEM No. 4.B. 57 STAFF SPONSOR: JON HARRISON ORIGINAL AGENDA DATE: 5/28/13 AGENDA ITEM TITLE An ordinance amending Ordinance No. 2306 as codified at TMC Section 7.20.020 "Dogs at Large-Requirement of a Leash or Chain" 05/28/13 Motion Mtg Date Resolution Mtg Date [2] Ordinance Mtg Date 6/3/13 Bid Award Mtg Date E Public Hearing Mtg Date iii. Other Mtg. Date CATEGORY 1 Discussion Mtg. Date SPONSOR Council E Mayor E HR E DCD I Finance L Fire IT .1 P e.,R Police SPONSOR'S The Council is being asked to consider and approve amendment to TMC 7.20.020 which SUMMARY will allow law enforcement officers the authority to issue civil infractions if they observe violations. The current ordinance does not expressly provide anyone the authority to enforce the leash law. REVIEWED BY COW Mtg. CA&P Cmte Ei F&S Cmte E Transportation Cmte E Utilities Cmte n Arts Comm. _ Parks Comm. 0 Planning Comm. DATE: 5/21/13 COMMITTEE CHAIR: ROBERTSON RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Police Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments.. MTG. DATE RECORD OF COUNCIL ACTION 05/28/13 MTG. DATE ATTACHMENTS 05/28/13 Informational Memorandum dated 4/30/13 Draft ordinance amending "Dogs at Large-Requirement of a Leash or Chain" TMC Chapter 7.20 "Dogs at Large and Leashes" Minutes from the Finance and Safety Committee meeting of 5/21/13 06/03/13 57 58 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: 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" 59 60 CRAFT 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 61 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 62 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. 'Anima / "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 63 64 Finance & Safety Committee Minutes May 21, 2013 — Page 2 After discussion, Committee Members requested that two changes be made to the draft resolution: 1. Remove the words "salaries and" from the first sentence on page 41 of the Committee agenda packet under B. Compensation Policy No. 4 2. Add another item under B. Compensation Policy (after No. 4) that addresses the mitigation or avoidance of salary compression issues whenever possible Staff will make the requested changes in the draft resolution that comes before Council at the next Committee of the Whole. UNANIMOUS APPROVAL. FORWARD TO MAY 28 COW FOR DISCUSSION. C. Ordinance: Leash Law Staff is seeking Council approval of an amendment to Tukwila Municipal Code (TMC) Section 7.20.020 regarding leash requirements for dogs away from a premise where it is owned and /or controlled and kept. As currently written, the TMC does not provide authority for a police officer to enforce the Code through a civil infraction. This amendment will update the Code, and allow for enforcement. Committee Members expressed concerns regarding the generality of Chapter 7.20, and believe that it is important to define the actual intent of the Code. The Committee requested that this section of the TMC be re- drafted to specifically address citizen concerns of unwanted /nuisance dogs as well as threatening and dangerous dogs. Commander Harrison suggested the Committee consider recommending immediate passage of the current proposed amendment so that the police department is able to levy a penalty as a deterrent in circumstances when animal control representatives are not immediately available. In the meantime, staff will begin a re -write of this section of the Code and return to the Finance & Safety Committee when it is ready for review (anticipated time frame to return to Committee is September). UNANIMOUS APPROVAL. FORWARD TO MAY 28 COW FOR DISCUSSION. D. Police Department Update: 2013 1st Quarter Report As information only, staff utilized a PowerPoint presentation to update the Committee on items of significance that occurred in the Police Department during the first quarter. The information included highlights, crime statistics and crime reduction strategies. Chief Villa mentioned that the Police Department is going to begin a department -wide strategic planning process, and will utilize BERK for the plan strategy and formulation. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 6:50 p.m. Next meeting: Tuesday, June 4, 2013 — 5:15 p.m. — Conference Room #3 Committee Chair Approval Minutes bj ‘KAM. 65