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HomeMy WebLinkAboutReg 2013-06-03 Item 5B - Ordinance - TMC Section 7.20.20 "Dogs at Large - Requirement of a Leash or Chain" AmendmentCOUNCIL AGENDA SYNOPSIS Meeting Date Prepared by ph ph ,I.e2/e Mayor's revie2v Ge074( e 6jouzil diem 05/28/13 06/03/13 Z Ordinance At Date 6/3/13 E .Bid Award Mtg Date E Public Hearing Alt g Date 111 Other Mtg Date SPONSOR E Council E Mayor T HR E DCD E Finance E Fire E IT Ei P&R 2 Police PIF 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. ITEM INFORMATION ITEM No. 5.B. 33 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" CATEGORY Discussion Mtg Date 05/28/13 Motion Mg Date Resolution Mtg Date Z Ordinance At Date 6/3/13 E .Bid Award Mtg Date E Public Hearing Alt g Date 111 Other Mtg Date SPONSOR E Council E Mayor T HR E DCD E Finance E Fire E IT Ei P&R 2 Police PIF 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 E COW Mtg. CA&P Cmte E. Utilities Cmte Arts Comm. DATE: 5/21/13 n F&S Cmte r Transportation Cmte Comm. E Planning Comm. CHAIR: ROBERTSON Parks COMMITTEE 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 Forward to next Regular Meeting 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 Ordinance in final form 33 34 City of Tukwila Washington Ordinance No. 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 5 -29 -13 SK:bjs Page 1 of 2 35 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 W: Word Processing \Ordinances \Leash law amended 5 -29 -13 SK:bjs 36 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2of2