Loading...
HomeMy WebLinkAboutOrd 1745 - Guard Dogs (Repealed by Ord 1772)City of Tukwila Washington Ordinance No. /7 /5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE 1453, CODIFIED AS CHAPTER 7.04 OF THE TUKWILA MUNICIPAL CODE, ADDING A NEW SECTION 7.04.258 GOVERNING THE TRAINING, SELLING, CONVEYING AND USE OF GUARD DOGS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Tukwila City Council finds that the provisions of Chapter 7.04 of the Tukwila Municipal Code should be consistent with the provisions of Title 11 of the King County Code governing the training, selling and conveying of guard dogs and the use of such animals for the protection of person and /or property; and WHEREAS, the Tukwila City Council finds that this ordinance is in the interests of the public health, safety and welfare, and to ensure the humane treatment of said animals; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Animal Control Regulations. Chapter 7.04 of the Tukwila Municipal Code is hereby amended to read as follows: 7.04.020 Definitions. As used in this Chapter, the following terms have the meanings set forth below. "Guard dog" means any member of the dog family (Canidae) which has been trained or represented as trained to protect person and /or property by virtue of exhibiting hostile propensities and aggressiveness to unauthorized persons. "Guard dog purveyor" means any person, firm or corporation supplying guard dogs to members of the public. "Guard dog trainer" means any person, whether as an individual or as an employee of a guard dog purveyor, whose prime function is the training of dogs as guard dogs. "Guard dog owner" means any person, firm or corporation which employs a guard dog to protect person or property from unauthorized intrusion. For purposes of this definition, "owner" includes both the legal owner and any person, firm or corporation who, through arrangement or contract, has secured the use of a guard dog to protect persons and /or property from unauthorized intrusion." "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. 7.04.258 Guard Dogs - Registration, license, fees, etc. (a) Guard dog purveyor license and fees - It is unlawful for any person, firm or corporation to supply guard dogs to the public without a valid license to do so issued to said person, firm or corporation by the Animal Control Authority. Only a person who complies with the requirements of this chapter and such rules and regulations of the Animal Control Authority as may be adopted pursuant hereto shall be entitled to receive and retain such a license. Licenses shall not be transferable and shall be valid only for the person and place for which issued. Said licenses shall be valid for one year from date of issue. The fee for such license shall be established by the Animal Control Authority. If the guard dog purveyor is in possession of a valid animal shelter, kennel and pet shop license, the fee for said guard dog purveyor license shall be reduced by the amount of the animal shelter, kennel and pet shop license. (b) Guard dog purveyor - license - application - contents. Any person desiring to supply guard dogs to the public shall make written application for a license on a form to be provided by the Animal Control Authority. Such application shall be filed with the Animal Control Authority and shall include the following: 1. A legal description of the premises or the business address of the office from which said applicant desires to supply guard dogs; 2. A statement of whether the applicant owns or rents the premises to be used for the purpose of purveying guard dogs. If the applicant rents the premises, the application shall be accompanied by a written statement of acknowledgment by the property owner that the applicant has the property owner's permission to purvey guard dogs on the premises for the duration of the license; and 3. A written acknowledgment by the applicant that prior to the actual commercial sale or purveyance of any and all guard dogs the licensee shall coordinate with the Animal Control Authority in properly marking the guard dog and in notifying all customers of the guard dog purveyor that the customer is required to register the guard dog and pay the appropriate registration fee to King County prior to the animal performing guard dog functions. (c) Guard dog trainer - license - fees. It is unlawful for anyone to engage in the training of dogs as guard dogs without a valid license to do so issued to him /her by the Animal Control Authority. Only a person who complies with the requirements of this chapter and the rules and regulations of the Animal control Authority shall be entitled to receive and retain such a license. Licenses shall not be transferable and shall be valid only for the person for which issued. Licenses shall be valid for one year from date of issue. The cost of such license to each guard dog trainer shall be established by the Animal Control Authority. (d) Guard dog trainer - license - application - contents. Any person desiring to train dogs as guard dogs shall make written application for a license on a form to be provided by the Animal Control Authority. All such applications shall be filed with the Animal Control Authority and shall contain the following: 1. A legal description or business address of the premises at which the applicant desires to train the guard dogs; 2. A statement of whether the applicant is self- employed or a member of a business, firm, corporation or organization which trains guard dogs. If the applicant is a member of such a business, firm, corporation or organization, the applicant shall state the name of said entity and shall provide the name of the major executive officer of said entity; and 3. If the premises at which the applicant proposes to train dogs as guard dogs is rented, the application must be accompanied by written statement of acknowledgment from the property owner that the applicant has the owner's permission to carry on the activity of guard dog training at said location for the duration of the license. (e) Guard dog - registration. All persons using dogs as guard dogs shall register the dogs with the animal control authority Said registrations shall be valid for one year from date of issue. The cost of such registration shall be established by the Animal Control Authority. All registrations shall be affixed on the guard dog in such a manner so as to be readily identifiable. (f) Guard dog - registration - application- contents. Any person desiring to use a guard dog shall register said dog with the Animal Control Authority and said registration shall be accompanied by the following information. 1. A legal description or business address of the premises which the applicant desires to employ a registered guard dog to prevent unauthorized intrusion, 2. A statement whether the applicant owns or rents the premises to be guarded. If the applicant rents the premises, the application must be accompanied by a written statement of acknowledgment from the property owner that the applicant has the owner's permission to use a guard dog on the premises to prevent unauthorized intrusion for the duration of the registration; 3. A description of the guard dog for the purposes of identification; 4. Acknowledgment by the applicant of whether the guard dog has been trained as a guard dog to exhibit hostile propensities; 5. Acknowledgment by the applicant that the premises to be guarded has devices, such as fencing, to prevent general access by the public during those times the guard dog is used for purposes of protecting said premises and persons for unauthorized intrusion. Said acknowledgment shall contain a statement that the premises is properly signed to forewarn the public of the presence of a guard dog; and 6. Acknowledgment by the applicant that the guard dog will be maintained in such a manner as to ensure the safety of the public and the welfare of the animal. (g) Inspections. The director of the animal control authority or his authorized representative shall inspect all premises which are the subject of the licenses and registrations required herein prior to the issuance of said licenses and /or registrations. Said inspections shall include, but not be limited to, a verification that adequate measures are being taken to protect the health, welfare and safety of the general public and to ensure the humane treatment of the guard dogs. If the premises are deemed inadequate, the animal control authority shall direct the applicant to make such changes as are necessary before the license or registration is issued. The director of the animal control authority or this authorized representative may make such routine periodic inspections of a licensee's premises or the premises of an area guarded by a registered guard dog for the purpose of enforcing the provisions of this chapter and the rules and regulations of the animal control authority. (h) Authorization. In protecting the health, safety and welfare of the public; to enforce the laws of the State of Washington as they pertain to animal cruelty, shelter, welfare and enforcement of control; the director of the animal control authority and his authorized officers are authorized to take such lawful action in exercising appropriate powers and responsibilities. (I) Limitations. The provisions of this chapter shall not apply to any facility possessing or maintaining dogs or guard dogs as defined in this chapter which is owned and operated or maintained by any city, county, state or the federal government; provided, private parties renting or leasing public facilities for commercial purposes as specified in this chapter shall not be exempt. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality or another section, sentence, clause or phrase of this ordinance. Section 3. 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 (5) days after passage and publication as provided by law. PASSED BY THE C COUNC OF THE CITY OF TUKWILA, Washington, at a Regular Meeting thereof this 2lv day of "?.C ,1995. U ATTEST /AUTHENTICATED: e E. Cantu, City Clerk APPROVED AS TO FORM; Office of the City Attorney \itl,„ ia,,,„L Jo'�i� W Rants, Mayor FILED WITH THE CITY CLERK: 67 7S 1 PASSED BY THE ITY CO CIL: S 7 PUBLISHED: /a/ 9 S EFFECTIVE DATE: 7 /S1,5* ORDINANCE NO.: 7 S� AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE 1453, CODIFIED AS CHAPTER 7.04 OF THE TUKWILA MUNICIPAL CODE, ADDING A NEW SECTION 7.04.258 GOVERNING THE TRAINING, SELLING, CONVEYING AND USE OF GUARD DOGS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. Published Seattle Times: 6 /JeP SUMMARY OF ORDINANCE NO. 7 XS CITY OF TUKWILA On 1 Va /9.5 the City Council of the City of Tukwila passed Ordinance No. 74/ amending Chapter 7.04 of the Tukwila Municipal Code to be consistent with the provisions of Title 11 of the King County Code governing the training, selling and conveying of guard dogs and the use of such animals for the protection of person and /or property; providing for severability and establishing an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. n APPROVED by the City Council at its meeting of -p.� 2-& r 9 5� J &zt_A,c.e de(-4 Cantu, City Clerk