HomeMy WebLinkAboutOrd 1812 - Animal Control (Repealed by Ord 2011)
1812 §2, 4, 6, 9, 10, 14 2011
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Ordinance No. 9 1 2 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING PORTIONS OF
ORDINANCE 1772, ANIMAL CONTROL REGULATIONS,
AS CODIFIED AT CHAPTER 7.04 OF THE TUKWILA
MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Ordinance 1772 sets regulations for animal control in Tukwila; and
WHEREAS, the City Council believes Tukwila's code should work in concert with Title 11 of the
Metropolitan King County Code to facilitate enforcement of the City's laws by King County Animal Control;
and
WHEREAS, Ordinance 1772 contains some provisions that the Animal Control Authority has found it is
unable to enforce, and for which Tukwila has no enforcement ability itself; and
WHEREAS, the Tukwila City Council finds that amendments to Ordinance 1772 will strengthen the
City's effectiveness in enforcing the animal control regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance 1772, §2, as codified at Section 7.04.020 of the Tukwila Municipal Code, is hereby
amended to read as follows:
7.04.020 Definitions
A. Abatement means the termination of any violation by reasonable and lawful means determined by
the director of the Animal Control Authority, in order that the owner or a person presumed to be the
owner shall comply with this chapter.
B. Animal means any living creature except Homo Sapiens, insects and worms.
C. Animal Control Authority means the department of the City charged with the responsibility of
administering the provisions of this chapter, or the department and any other governmental body to
which this responsibility is contractually delegated and which is thereby charged with the duty of
enforcing the animal control laws of the City and with the shelter and welfare of animals.
D. Animal control officer means any individual employed, contracted, or appointed by the Animal
Control Authority for the purpose of aiding in the enforcement of this title or any other law or ordinance
relating to the licensing of animals, control of animals, or seizure and impoundment of animals; and
includes any State or municipal peace officer, sheriff, constable, or other employee whose duties in
whole or in part include assignments which involve the seizure and taking into custody of any animal.
E. Board of Appeals means the King County Animal Control Board of Appeals.
F. City shall mean the City of Tukwila.
G. County or King County shall be limited to that portion of King County which is within the City
limits of the City.
ANIMEND. DOC 9111197 1
H. Dangerous dog means any dog that, according to the records of the appropriate authority:
1. Has inflicted severe injury on a human being or a domestic animal without provocation on public
or private property; or
2. Has killed a domestic animal or other animal protected under federal, state or local laws, without
provocation while off the owner's property; or
3. Has been previously found to be potentially dangerous, the owner having received notice of
such, and the dog again aggressively bites, attacks or endangers the safety of humans or domestic
animals.
I. Dog pack means a group of two or more dogs running upon either public or private property not
that of their owner in a state in which either their control or ownership is in doubt or cannot readily be
ascertained, and when such dogs are not restrained or controlled.
J. Exotic animal means any of the following:
1. Venomous species of snakes capable of inflicting serious physical harm or death to human beings;
2. Non -human primates and prosimians;
3. Bears;
4. Non domesticated species of felines;
5. Non domesticated species of canines and their hybrids, including wolf and coyote hybrids;
6. The order Crocodylia, including alligators, crocodiles, caiman and gavials.
K. Juvenile means any dog or cat, altered or unaltered, that is under the age of six months.
L. Owner means any person, firm, corporation, organization or department having an interest in or
right of possession 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.
M. Person means any individual, partnership, firm, joint stock company, corporation, association, trust,
estate, or other legal entity.
N. Pot bellied pig means that type of American swine commonly known as Vietnamese, Chinese, or
Asian pot bellied pig (Sus Scrofa Bittatus).
0. Potentially dangerous dog means any dog that when unprovoked:
1. Inflicts bites on a human or a domestic animal either on public or private property, or
2. Chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing
fashion or apparent attitude of attack, or any dog with a known propensity, tendency, or disposition to
attack unprovoked, to cause injury or otherwise to threaten the safety of humans or domestic animals.
P. Proper enclosure means, while on the owner's property, a dog shall be securely confined indoors
or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and
designed to prevent the animal from escaping. Such pen or structure shall have secure sides and a
secure top, shall provide protection from the elements for the dog and shall include sufficient food and
water for the animal's good health. If such pen, kennel or other structure has no bottom secured to the
sides, the sides shall be embedded not less than two feet into the ground. An enclosure with doors,
windows or other openings enclosed solely by wire or mesh screening shall not be considered a proper
enclosure as defined in this section.
Q. 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.
R. Running at large means to be off the premises of the owner and not under the immediate control of
the owner or other competent person authorized by the owner, by means of a leash, cord or chain no
longer than eight feet except when in or on any vehicle and securely confined to such vehicle.
ANIMEND.DOC 9/11/97 2
S. Severe injury means any physical injury that results in broken bones or lacerations requiring
multiple sutures or cosmetic surgery.
T. Service animal means any animal which is trained or being trained to aid a person who is blind,
hearing impaired, or otherwise disabled and is used for that purpose and is registered with a recognized
service animal organization.
U. Shelter means a facility which is used to house or contain stray, homeless, abandoned or unwanted
animals, and which is owned, operated or maintained by a public body, an established humane society,
animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization or
person devoted to the welfare, protection and humane treatment of animals.
Section 2. Ordinance 1772, §4, as codified at Section 7.04.040 of the Tukwila Municipal Code, is hereby
amended to read as follows:
7.04.040 Dog, cat and pot bellied pig licenses required.
A. Applicability. All dogs, cats, and pot bellied pigs eight weeks old and over, which are harbored, kept
or maintained in the City shall be licensed and registered annually. However, dogs kept in kennels need
not be licensed annually while kept at such kennel and while such kennel is duly licensed as provided in
King County Code 11.04.
B. Juvenile Licenses. Juvenile licenses must be obtained for all dogs and cats from eight weeks to six
months of age.
C. Dog and cat licenses, fees. Dog and cat licenses shall be issued by the Animal Control Authority
upon application and payment of an annual license fee made payable to the county comptroller according
to the schedule of fees adopted by the King County Council, as now or hereafter amended.
1. Tukwila residents 65 years of age or older shall be entitled to purchase special permanent
licenses for the lifetime of cats or dogs for which they are the registered owners when said animals are
maintained at said owner's registered address. The special permanent animal license fee will be available
provided that the owner provides written proof that the animal has been spayed or neutered.
2. The annual license fee shall become due and payable one year from the last day of the month of
issuance.
3. Applications for a dog or cat license shall be on forms provided by the Animal Control Authority.
4. All license tags issued under this chapter shall be securely affixed to a substantial collar, harness
or other means and shall be worn by the animal at all times.
5. The Animal Control Authority is authorized to collect a fee for a lost or stolen license tag replace-
ment.
D. Dog and cat licenses, penalty.
1. Penalties shall be assessed in cases of late registration and licensing of dogs and cats kept and
maintained in the City as provided in the schedule adopted by the King County Council for such
penalties, as now or hereafter amended.
2. It shall be a rebuttable presumption that an animal has not been licensed unless a proof of
purchase within the preceding 30 days is presented to the licensing officer or agent, or the animal's
owner has moved into the City within the preceding 30 days, or the animal has been under the age
which requires a license or other proof deemed acceptable in the department's rules and regulations.
E. Dog and cat licenses, non applicability. The provisions of this chapter shall not apply to dogs used by
law enforcement agencies for police work, nor shall it apply to dogs or cats in the custody of a
veterinarian or animal shelter or whose owners are nonresidents temporarily within the City for a period
not exceeding 30 days.
F. Mandatory spaying and neutering.
1. No person shall own or harbor any cat or dog over the age of six months that has not been
spayed or neutered unless that person holds an unaltered animal license for the animal pursuant to King
County animal control licensing provisions.
ANIMEND.DOC 9/11/97 3
2. Guide dog puppies in training and police service dogs are exempted from the provisions of this
section.
Section 3. Ordinance 1772, §6, as codified at Section 7.04.060 of the Tukwila Municipal Code, is hereby
amended to read as follows:
7.04.060 Exotic animals
A. The possession or maintenance of an exotic animal by private citizens within the City of Tukwila is
prohibited unless the owner possessed or maintained the exotic animal on or before the effective date of
this ordinance, and agreed to promptly act to satisfy the licensing requirements of the Animal Control
Authority as expressed in King County Code 11.28 now and as amended regarding the maintenance of
such animals.
B. 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, nor shall it apply to museums, laboratories
and research facilities maintained by scientific or educational institutions, nor to private or commercial
activities such as circuses, fairs, or private zoological parks which are otherwise regulated by law, nor to
any recognized program engaged in the training of exotic animals for use as service animals by disabled
citizens.
C. Breeding, or allowing the reproduction of exotic animals as defined in this chapter is prohibited,
provided that this prohibition shall not apply to any governmental facility possessing or maintaining
exotic animals nor shall it apply to private or commercial activities.
D. Each exotic animal must have a license tag securely affixed to a substantial collar, harness or other
means, or a microchip implant for identification, and must show proof of such upon request of the
Animal Control Authority officer.
Section 4. Ordinance 1772, §9, as codified at Section 7.04.090 of the Tukwila Municipal Code, is hereby
amended to read as follows:
7.04.090 Dangerous and potentially dangerous dog regulations.
A. Dangerous dogs and potentially dangerous dogs: registration, prohibitions, etc.
1. It is unlawful for an owner to have a dangerous dog or a potentially dangerous dog in the City
without fulfilling the requirements of the Animal Control Authority.
2. It is unlawful for an owner of a dangerous dog to permit the dog to be outside a proper enclosure
unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a
responsible person. The muzzle shall be made in a manner that will not cause injury to this dog nor
interfere with its vision or respiration but shall prevent it from biting any person or animal.
3. The owner of a dangerous dog shall not permit such dog to go unconfined upon the premises of
such owner.
4. Any dog shall be immediately confiscated by the Animal Control Authority if:
(a) The dog is not validly registered under this section;
(b) The dog is not maintained in the proper enclosure; or
(c) The dog is outside of the dwelling of the owner or outside of the proper enclosure and not
under physical restraint of the responsible person.
Any dangerous dog confiscated under this section can be disposed of as an unredeemed animal and
the owner has no right to redeem such dog.
5. The provisions of this section shall not apply to dogs used by law enforcement officials for police
work.
B. Provision for declaring dangerous and potentially dangerous dogs. The Animal Control Authority
may find and declare an animal potentially dangerous or dangerous if it has probable cause to believe that
the animal falls within the definition set in TMC 7.04.020, H. and O. For the purposes of this chapter
probable cause may include:
ANIMEND.DOC 9/11/97 4
1. The written complaint of a citizen who is willing to testify that the animal has acted in a manner
which causes it to fall within the definition in TMC 7.04.020, H. or 0.; or
2. Dog bite reports filed with the Animal Control Authority; or
3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or
4. A verified report that the animal previously has been found to be either potentially dangerous or
dangerous by any Animal Control Authority; or
5. Other substantial evidence admissible in a court of law.
C. Declaration, service to owner in writing. The declaration shall be in writing, and shall be served on
the owner or keeper in one of the following methods:
1. Certified mail to the owner's or keeper's last known address, if known; or
2. Personally delivered; or
3. If the owner or keeper cannot be located by one of the first two methods, by publication in a
newspaper of general circulation.
The owner or keeper of any animal found to be a potentially dangerous or dangerous dog under this
section shall be assessed all service costs expended under this subsection.
D. Declaration, information required. The declaration set forth in this section shall state at least:
1. A description of the animal;
2. The name and address of the owner or keeper of the animal, if known;
3. The whereabouts of the animal if it is not in the custody of the owner or keeper;
4. The facts upon which the declaration is based;
5. The availability of a hearing in case the person objects to the declaration, if a request is made
within five days.
6. The restrictions placed on the animal as a result of the declaration; and
7. The penalties for violation of the restrictions, including the possibility of destruction of the
animal, and imprisonment or fining of the owner or keeper.
E. Declaration appeal procedure. If the owner or keeper of the animal wishes to contest the
declaration, the following procedures shall apply:
1. The owner or keeper shall, within five days of receipt of the declaration, or within five days of
the publication of the declaration, or within five days of the publication of the declaration pursuant to
7.04.090, C., request a hearing from the King County Animal Control Authority Board of Appeals.
Failing to exhaust this administrative appeal process shall be a bar to action in a court of law. Any appeal
decision issued by the Board of Appeals can be appealed in superior court.
2. If the Board of Appeals finds there is insufficient evidence to support the declaration, it shall be
rescinded, and the restrictions imposed thereby annulled.
3. If the Board of Appeals finds sufficient evidence to support the declaration then it shall be
affirmed.
4. If the Board of Appeals finds that the animal is not a potentially dangerous or dangerous dog, no
costs shall be assessed against the City or the Animal Control Authority or officer.
ANIMEND.DOC 9/11/97 5
Section 5. Ordinance 1772, §10, as codified at Section 7.04.100 of the Tukwila Municipal Code, is hereby
amended to read as follows:
7.04.100 Declaration impoundment and abatement.
B. Abatement. Any dog or other animal which bites, attacks, or attempts to bite one or more persons
two or more times within a two -year period is declared to be a danger to public safety and shall not be
kept within the City 48 hours after receiving written notice from the director, or his authorized animal
control officer. Such animal or animals found in violation of this section will be impounded and disposed
of as an unredeemed animal, and the owner or keeper of such animal(s) has no right to redeem such dog
or animal.
A. Impoundment. Following service of a declaration of potentially dangerous or dangerous dog, and
pending appeal under TMC 7.04.090 E, the Animal Control Authority may, if circumstances require,
impound the animal at the owner's or keeper's expense, until the appeal to the Board of Appeals or a
court of competent jurisdiction orders either its redemption or destruction.
Section 6. Ordinance 1772, 14, as codified at Section 7.04.140 of the Tukwila Municipal Code, is hereby
amended to read as follows:
7.04.140 Penalties.
A. Civil penalty and cost of abatement, collection. The civil penalty described in TMC 7.04.140, C.,
and the cost of abatement are also personal obligations of the animal owner. The prosecuting attorney,
on behalf of King County or the City Attorney, may collect the civil penalty and the abatement work
costs by use of all appropriate legal remedies.
B. 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 attorney's fee. The prosecuting 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.
C. Violation, civil penalty. In addition to any other penalty provided in this title or by law, any person
whose animal is maintained in violation of this title shall incur a civil penalty plus billable costs of the
Animal Control Authority. The penalty shall be $25 for the first notice of violation, $50.00 for the
second violation in any one -year period, and $75.00 for each successive violation.
Section 7. 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 8. 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 and effect five (5) days after passage and publication as
provided by law.
PASSED BY TH CITY COUNCIL
thereof this /.5 m day of
ATTEST /AUTHENTICATED:
e,,,.,,,
e E. Cantu, City Clerk
APPROVEIAS TO FORM:
By 0/-",
Office of the City Attorney
FILED WITH THE CITY CLERK: 9- 9 7
PASSED BY THE CITY COUNCIL: 9- /5 y 7
PUBLISHED: 1- 9- 7 7
EFFECTIVE DATE: T 2 5 y 7
ORDINANCE NO.:
F THE CITY OF T WILA, WASHINGTON, at a Regular Meeting
1997.
W IA iegoi
Rants, Mayor
ANIMEND.DOC 9/11/97 6
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TUKWILA, WASHINGTON,
AMENDING PORTIONS OF ORDINANCE 1772,
ANIMAL CONTROL REGULATIONS, AS
CODIFIED AT CHAPTER 7.04 OF THE
TUKWILA MUNICIPAL CODE; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
l i
O Cpl �IJ/- �,199Z_, the City Council of the City of Tukwila passed
Ordinance No. /R' /a2 amending sections of TMC 7.04, Animal Control
Regulations, relating to licenses required, exotic animals, and dangerous dog
regulations; to strengthen effectiveness and facilitate enforcement by King County
Animal Control; 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
Published Seattle Times: fhfir2
J f_te_"
Cantu, City Clerk