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HomeMy WebLinkAboutOrd 1744 - Possession or Maintenance of Exotic Animals or Animal Control (Repealed by Ord 1772)City of Tukwila Washington Ordinance No. / 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE 1453, CODIFIED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 7.04.075 SETTING CONDITIONS ON THE POSSESSION OR MAINTENANCE OF EXOTIC ANIMALS, 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 possession or maintenance of exotic animals; 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: "Exotic animal means any animal which, when in its wild state, is capable while at large of inflicting serious physical harm upon human beings. 7.04.075 Exotic Animals. a) Possession unlawful - exception - rules and regulations compliance. The possession or maintenance of an exotic animal within the City of Tukwila is unlawful unless in accordance with the rules and regulations of the animal control authority which may be adopted after public notice and hearing. Such rules and regulations shall classify the species of exotic animals according to adult weight for purposes of classification only; shall specify the particular cage or confinement where such animals may be possessed or maintained for each classification; and the manner of possessing or maintaining such animals for each classification. b) License - Issuance generally - Fees. The animal control authority may cause to be issued an exotic animal owner's license that shall authorize the licensee to possess or maintain all or some of such species of exotic animals as specific according to Section 07.04.075(a) herein, provided the application is accompanied by payment of the license fee, contains the information required by Section 07.04.075(c); and meets the cage or confinement rules and regulations of the animal control authority. The fee for such license shall be set by the animal control authority. All licenses shall expire one year from the date of the original application. c) License - Application - Content. A verified application for such license shall be filed by the applicant with the animal control authority which application shall contain the following: A legal or otherwise adequately precise description of the premises which applicant desires to use under the required license; whether the applicant owns or rents the premises to be used; if the applicant rents the premises, a written acknowledgment by the property owner that the applicant has the owner's permission to carry on the activity as described in the license application for the duration of the license; the extent of improvement upon such premises; a map or diagram of such premises showing where the improvements are located thereon; a statement indicating the species of exotic animal which the applicant desires to possess or maintain; a statement indicating how the animal will be caged or otherwise confined, accompanied with a drawing detailing the dimensions of and the materials used for the cage or similar confinement; and such further information as may be required by rules and regulations of the animal control authority. d) License - Issuance - Premises inspection. If after investigation by the director of the animal control authority, it appears that the applicant is the owner or tenant of or has a possessory interest in the property shown in the application; if applicable, has the written permission of the property owner as specified in Section 7.04.075(c); and that the applicant intends in good faith to possess or maintain an exotic animal in accordance with the law and the rules and regulations of the animal control authority; the animal control authority shall issue a license to the applicant describing therein the premises to be used by the licensee and certifying that the licensee is lawfully entitled to use the same for the possession or maintenance of the exotic animal(s) specified in such license; provided that prior to issuing the license the animal control authority shall inspect the cage or other confinement as required by rule or regulation and specified in the licensee's application in order to determine whether the cage or confinement meets the standard specifications for the classification of the exotic animal. If the cage or confinement is deemed inadequate, the applicant shall make such changes as necessary to meet the standard specifications before the license shall issue. (e) Periodic inspection of premises. The director of the animal control authority or any other officer authorized by him may make routine periodic inspections of a licensee's premises and records in order to determine the number, kind, weight and condition of exotic animals possessed by the licensee, and for purposes of enforcing the provisions of this chapter and the rules and regulations of the animal control authority. (f) License revocation - Notice - Hearing. The animal control authority may revoke, suspend or refuse to renew any exotic animal owner's license upon good cause for failure to comply with any provision of this chapter or the rules and regulations of the animal control authority authorized by this chapter; provided, that the violator shall be first notified of the specific violation or violations, and if the violation can be remedied, the violator shall have fifteen days after receiving the notice of violation to correct the violation; provided further, that enforcement of such revocation, suspension or refusal shall be stayed during the pendency of an appeal filed. (g) Violation - Penalty. Any person possessing or maintaining an exotic animal in Tukwila without an exotic animal owner's license as provided herein, or transferring possession of an exotic animal to a person not licensed as provided by this chapter, is guilty of a misdemeanor and is subject to a fine not to exceed two hundred fifty dollars and /or by imprisonment not to exceed ninety days. (h) Euthanasia in exigent circumstances. An exotic animal possessed or maintained in violation of this chapter or the rules and regulations of the animal control authority may be subject to euthanasia if any one of the following exigent circumstances is deemed to exist by the director of the animal control authority: (1) The exotic animal presents an imminent likelihood of serious physical harm to the public and there is no other reasonably available means of abatement; or (2) There is no reasonable basis to believe that the violation can be or in good faith will be corrected and after reasonable search or inquiry by the animal control authority no facility as authorized by local, state or federal law is available to house the exotic animal; of (3) The exotic animal suffers from a communicable disease injurious to other animals or human beings; provided, that this section shall not apply if the animal is under treatment by a licensed veterinarian and may reasonably be expected to recover without infecting other animals or human beings. (i) Chapter limitations. The provisions of this chapter shall not apply to any facility possessing or maintaining exotic animals as defined in this chapter which is owned, operated or maintained by any city, county, state or the federal government, including but not limited to public zoos. 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 CITY COUN, CJL OF TH CITY OF TUKWILA, Washington, at a Regular Meeting thereof this .2.(6 day of 1995. ATTEST /AUTHENTICATED: Cief,LZ,-( VL Jae E. Cantu, City Clerk Job W. Rants, Mayor APPROVED AS TO FORM; By( P L% Office of the City Attorney FILED WITH THE CITY CLERK: 6 A -9 S" PASSED BY THE CITY COUNCIL: PUBLISHED: 40 3 0 J q' S 7 EFFECTIVE DATE: ,6 ORDINANCE NO.: v c f CITY OF TUKWILA SUMMARY OF ORDINANCE NO. 7 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 7.04.075 SETTING CONDITIONS ON THE POSSESSION OR MAINTENANCE OF EXOTIC ANIMALS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. On 7 /99 the City Council of the City of Tukwila passed Ordinance No. /7 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 possession or maintenance of exotic animals; 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. APPROVED by the City Council at its meeting of 24 Ca,„ E. Cantu, City Clerk Published Seattle Times: 6 f