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HomeMy WebLinkAboutReg 2003-01-21 COMPLETE AGENDA PACKET2. SPECIAL Tukwila City Council Agenda Is; Steven M. Mullet, Mayor John McFarland, City Administrator Pam Carter, Council President PRESENTATIONS 3. CITIZEN COMMENTS/ CORRESPONDENCE 4. CONSENT AGENDA 5. OLD BUSINESS 6. NEW BUSINESS 7. REPORTS 8. MISCELLANEOUS 10. ADJOURNMENT REGULAR MEETING Please note: Executive Session 6:30 -7 p.m. Contract negotiations Pursuant to RCW 42.30.110(1)(g) Tuesday; January 21, 2003; 7 p.m. Ord #2011 1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL Lynda Kalena, Highline School District Boardmember. Councilmembers: Joe Duffie Dave Fenton Jim Haggerton Joan Hernandez Pamela Linder Richard Simpson Res #1512 At this time, you are invited to comment on items that are not included on this agenda. If you wish to comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. a. Approval of Minutes: 1/6/03 (Reg.) b. Approval of Vouchers. a. An ordinance amending TMC Chapter 7.04 entitled "Animal Licensing and Regulations." b. A draft Seattle City Light Franchise Agreement ordinance. a. A resolution supporting Highline School District's February 4, 2003 Levy. b. Authorize the Mayor to sign a labor agreement between the City of Tukwila and USWA Local #9241 for the period 1/1/03 through 12/31/05. c. The appointment of a 2003 Airport Communities Coalition representative. a. Mayor d. City Attorney b. City Council e. Intergovernmental c. Staff 9. EXECUTIVE SESSION I Potential litigation (30 minutes) Pursuant to RCW 42.30.110(1)(i) This notice is available in alternate formats for individuals with disabilities upon advance request. Reasonable accommodations at public hearings are available with advance notice. Tukwila City Hall is wheelchair accessible. Please call the City Clerk's office 433 1800 /TDD 248 2933 if you require assistance. Agenda is also available at City of Tukwila's website: htto: /www.ci.tukwila.wa.us Please be advised that all Tukwila Council Meetings are audio taped. COaivcIL AGENDA 5 (NOPSIS I Meeting Date I 1/13/03 I 9 rte In, Initials ITEM NO. Prepared by 1 Mayor's eview 1 Council review I LA, I SOOY cej I i 1 I ITEM INFORMATION I CAS Number: 03-002 Original Agenda Date. 1/13/03 Agenda Item Title: Animal Control Ordinance Original Sponsor: Council x Admin. I Timeline: Sponsor's Summary: The draft ordinance addresses dangerous dogs and how they are to be controlled, as well as also regulating dogs, cats and to a lesser extent pot bellied pigs. It complies with new State regulations as well as local and national animal club policies. Recommendations: Sponsor: Recommend adoption of ordinance Committee: Finance and Safety recommended ordinance to Council for review Administration: Same as sponsor Cost Impact (if knnwnl• Fund Source (if known) Meeting Date 1/13/03 Meeting Date 1/13/03 1 /21J0 1 _D4 eni,ee RECORD OF COUNCIL ACTION Action APPENDICES Attachments Memo from L. Lauterbach dated 1/9/03 Draft ordinance dated 1/9/03 Finance and Safety Committee minutes .0 /7,10/21,12/2,12 /16 all 2002 WC, Memo from L. Lauterbach dated 1/15/03; Ordinance in final form. btaftad. Nnanalio Amt_ndStaiSpW'Icirrd To: City Council From. Lucy Lauterbach Date: January 15, 2003 Re: Animal Control Ordinance The Council did a thorough review of the ordinance last week, and changes recommended have been made. They are shown on the marked up draft with a notation in the margin. A clean copy is shown as well. Though many changes were made, they were mostly cleaning up or legally clarifying language in the ordinance. The policies remain the same. One change requires the owner of a dangerous dog to have a surety bond or homeowner's dog liability insurance of $250,000 before they're allowed to keep their dog, which strengthened the dangerous dog requirements. David St Pierre has reviewed and approved the changes, and no citizens have called or commented since the COW. The ordinance is ready for adoption if the Council approves it. City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING TUKWILA MUNICIPAL CODE CHAPTER 7.04, "ANIMAL LICENSING AND REGULATIONS," REPEALING ORDINANCES 1812 AND 1772; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Tukwila City Council wishes Chapter 7.04 to be clear, inclusive, and address known animal control issues; and WHEREAS, regulating dangerous and potentially- dangerous dogs has become an issue in the City in recent years; and WHEREAS, it is the Council's intent that changes made to this ordinance are in the best interests of animal pets, as well as the health, safety and welfare of their owners and the general public; NOW, THEREFORE, THE LILY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Tukwila Municipal Code Chapter 7.04 entitled "Animal Licensing and Regulations" is hereby amended to read as follows: Athmmlcanvol -1 Chapter 7.04 ANIMAL LICENSING AND REGULATIONS Sections: 7.04.010 Purpose 7.04.020 Definitions 7.04.030 General Provisions and Licensing 7.04.040 Dog, Cat and Pot Bellied Pig Licenses Required 7.04.050 Pot Bellied Pigs License and Restrictions 7.04.060 Exotic Animals 7.04.070 Regulation of Animals 7.04.080 Nuisance Defined Violation 7.04.085 Dangerous and Potentially-Dangerous Dog Regulation 7.04.087 Additional Dangerous Dog Regulations 7.04.090 Declaration of Dangerous and Potentially Dangerous Dog 7.04.100 Declaration Impoundment and Abatement 7.04.110 Cruelty to Animals Unlawful 7.04.120 Enforcement Authority 7.04.130 Violations Abatement and Removal Authorized 7.04.140 Penalties 7.04.010 Purpose It is the public policy of the City to secure and maintain such levels of animal control as will protect human health and safety and, to the greatest degree practicable, will prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of licensing dogs, cats, pot- bellied pigs, exotic animals, animal shelters, hobby kennels, kennels and pet shops, to control errant animal behavior so that it shall not become a public nuisance, and to prevent cruelty to animals. 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 King County Animal Control Authority for the purpose of aiding in the enforcement of this Chapter 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 Board of Appeals. F. City shall mean the City of Tukwila. G. County or King County shall mean Metropolitan King County. H. Dangerous dog means any dog that: 1. Bites or inflicts severe injury on a human being or a domestic animal without provocation on public or private property; or 2. In an aggressive manner, inflicts severe injury or kills 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. (Definition of Potentially Dangerous Dog see Item Q.) 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. Animal Control 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. Guide dog means a dog that is trained for the purpose of guiding blind persons or hearing impaired persons. L. Hobby kennel means a noncommercial kennel at or adjoining a private residence where four or more adult dogs, four or more adult cats, or a combination of five total cats and dogs are bred or kept for hunting, training, and exhibition for organized shows, field, working and /or obedience trials, or for the enjoyment of the species. M. Juvenile means any dog or cat, altered or unaltered, that is under the age of six months. N. 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, O. Person means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. P. Pot bellied pig means that type of American swine commonly known as Vietnamese, Chinese or Asian pot -bellied pig (Sus Scrofa Bittatus). Q. Potentially dangerous dog means any dog that, when unprovoked: 1. Chases, charges at, or tries to attack, causing a person to take defensive action in order to t ..c .cat bodily injury; or 2. Approaches a person on the streets, sidewalks, public or private property other than the dog owner's property, in a menacing fashion or apparent attitude of attack; or 3. With a known propensity, tendency or disposition to attack, unprovoked, to cause injury or otherwise threaten the safety of humans or domestic animals; or 4. Bites a domestic animal off the dog owner's property; causing the animal's skirt to be broken. R. 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. S. 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. T. Severe injury means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. U. Service animal means an animal that is trained or being trained for the purpose of assisting or accommodating a disabled person's sensory, mental or physical disability. Animal Control -3 V. 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. 7.04.030 General Provisions and Licensing A. General Licensing Provisions The following sections of Chapter 11.04 Metropolitan King County Code, as now in effect and as may be subsequently amended, are hereby adopted by reference, except that unless the context indicates otherwise the word "County" and "King County" shall refer to Metropolitan King County, and references to violations of the County code or County ordinances shall be deemed to be references to violations of City ordinances. 11.04.020 Definitions (and in addition thereto, the definitions set forth in TMC 7.04.020). 11.04.040 Animal Shelter, Kennel, Grooming Service, Cattery and Pet Shop License Required. 11.04.060 Hobby Kennel License Required. 11.04.070 Animal Shelters, Kennels and Pet Shops Reporting Required. 11.04.080 Animal Shelters, Kennels and Pet Shops Inspections. 11.04.090 Animal Shelters, Kennels and Pet Shops Conditions. 11.04.100 Animal Shelters, Kennels and Pet Shops Indoor Facilities. 11.04.110 Animal Shelters, Kennels and Pet Shops Outdoor Facilities. 11.04.130 Grooming Parlors Conditions. 11.04.140 Animal Shelters, Hobby Kennels, Kennels, Pet Shops, Grooming Parlors, Guard Dog Purveyors, Guard Dog Trainers and Guard Dog Owners Additional Conditions. 11.04.150 Licenses, Registrations Revocation, Suspension or Refusal to Renew. 11.04.160 Licenses, Registration Revocation or Refusal Waiting Period. 11.04.165 Private Animal Placement Permit Individual. 11.04.167 Private Animal Placement Permit Organizational. B. General Enforcement and Procedures The following sections of Chapter 11.04 Metropolitan King County, as now in effect and as may be subsequently amended, are hereby adopted by reference, except that unless the context indicates otherwise the word "County" and the words "King County" shall refer to Metropolitan King County, and references to violations of the County Code or County ordinances shall be deemed to be references to violations of City ordinances. 11.04.170 Enforcement power. 11.04.180 Violations Deemed nuisance Abatement. 11.04.190 Violations Misdemeanor Penalty. 11.04.200 Violations Civil Penalty. 11.04.210 Impounding. 11.04.220 Additional enforcement. 11.04.240 Unlawful acts against police department dogs. 11.04.280 Redemption procedures. 11.04.290 Corrective action Vicious animals. 11.04.300 Civil penalty and abatement costs Liability of owner. 11.04.310 Costs of additional enforcement. 11.04.320 Miscellaneous service charges. 11.04.330 Additional rules and regulations. 11.04.335 Waiver of fees and penalties. 11.04.340 Severability. 11.04.345 Private Animal Placement Permit Citizen Complaint Process 11.04.510 Unaltered Dogs and Cats Advertising Requirements 11.04.520 Rabies Vaccination Required. Animal control -4 11.12 11.28 11.32 Animal control -5 Rabies Control Exotic Animals Guard Dogs 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. Dogs kept in kennels for 30 or fewer days need not be licensed while kept at such kennel and while such kennel is duly licensed as provided in King County Code 11.04; otherwise King County licensing provisions shall apply. B. Juvenile licenses. Reduced -fee juvenile licenses may 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 or County- authorized licensing agency 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. Guide dogs and service animals may be eligible for a special, free, permanent license. The guide dog or service animal license is subject to meeting requirements of both the owner and the pet. 6. The Animal Control Authority is authorized to collect a fee for a lost or stolen license tag replacement. D. Dog and cat licenses, penalties. 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 pays a special unaltered animal license fee for the animal pursuant to King County animal control licensing provisions. 2. Guide dog puppies in training and police service dogs are exempt from the provisions of this subsection. 7.04.050 Pot bellied pigs Licenses and Restrictions. A. Licenses. Pot bellied pig licenses shall be issued by the City of Tukwila upon application and payment of an annual license fee made payable to the City of Tukwila according to the schedule of fees approved by the City Council. City residents must obtain a valid Iicense within 30 days of the pig's entry into the City, or by the effective date of this ordinance. B. Restrictions. 1. No more than two pot bellied pigs may be kept in any dwelling unit or business establishment. Any pigs in excess of two shall be subject to a fine of $25.00 per day per pig, payable to the City of Tukwila. 2. No pot- bellied pigs weighing more than 150 pounds or having a height greater than 22 inches at the shoulder are allowed. 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: 1. The owner possessed or maintained the exotic animal on or before 1996, 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; or 2. The exotic animal is a licensed, service animal according to requirements of King County Code 11.28. 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; the owner must show proof of such upon request of the Animal Control Authority officer. 7.04.070 Regulation of animals. A. Number of cats and dogs No person shall keep more than three dogs or three cats, or a total of five of a combination of cats and dogs over the age of four months. If five or more animals are kept, a hobby kennel license is required. Animal Control 6 B. Dogs at large requirement of a leash or chain 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. C. Offenses relating to sanitation It is unlawful for an owner to: 1. Allow the accumulation of pig, cat, fowl or dog feces in any open area, run cage or yard wherein those animals are kept, and to fail to remove or dispose of feces at least once every seven days. 2. Fail to remove the fecal matter deposited by his /her animal on public property, public easements, or private property of another before the owner leaves the immediate area where the fecal matter was deposited. 3. Fail to have in his /her possession equipment such as a plastic bag or other means of conveyance necessary to remove his /her animal's fecal matter when said animal deposits fecal matter on public property, public easement or another's private p D. Any animal show or exhibition held out of doors or in a public building must notify the Animal Control Authority and the City of Tukwila at least 24 hours in advance of the event. 7.04.080 Nuisance defined Violation. A. For purposes of this chapter, nuisances are violations of this chapter and shall be defined as follows: 1. Any public nuisance relating to animal control known as common law or in equity jurisprudence; 2. Any animal running at large within the City; 3. Any domesticated animal, whether licensed or not, which runs at large in any park, or enters any public playground or school ground. However, this subsection shall not prohibit a person from walking or exercising an animal in a public park or on a public beach when such animal is on a leash, tether or chain not to exceed eight feet in length. This subsection shall not apply to any person using a trained, properly licensed guide or service dog, or to animal shows, exhibitions or organized dog training classes. 4. Any animal which enters any place where food is stored, prepared, served or sold to the public, or any other public building or hall. However, this subsection shall not apply to any person using a licensed guide or service dog, to veterinary offices or hospitals, businesses offering pet services, or to animal shows, exhibitions or organized dog training classes. 5. A female domesticated animal, whether licensed or not, while in heat, accessible to other animals for purposes other than controlled and planned breeding; 6. Any domesticated animal which chases, runs after, or jumps at vehicles using the public streets and alleys; 7. Any domesticated animal which habitually snaps, growls, snarls, jumps upon, or otherwise threatens persons Lawfully using the public sidewalks, streets, alleys other public ways. Animalcontrol -7 8. Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons or property off his premises or lawfully on his premises; provided, that in addition to other remedies and penalties, the provisions of this chapter relating to dangerous dogs and potentially dangerous dogs shall apply; 9. Any domesticated animal which howls, yelps, whines, barks or makes other oral noises in such a manner as to disturb any person or neighborhood to an unreasonable degree; 10. Any domesticated animal which enters upon another person's property without the permission of that person; 11. Animals staked, tethered or kept on public property without prior written consent of the County Animal Control Authority; 12. Animals on any public property not under control with a leash held by the owner or other competent person; 13. Animals kept, harbored or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian; 14. Animals running in dog packs. B. Nuisance violations shall be subject to a civil fine and enforcement necessary to abate the violation. 7 04.085 Dangerous and potentially dangerous dogs registration, prohibitions, etc. A. It is unlawful for an owner to have a dangerous dog or a potentially dangerous dog as defined in TMC 7.04.020, in the City without fulfilling the requirements of the City and of the Animal Control Authority. B. No potentially dangerous dog or dangerous dog shall go unrestricted upon the premises of the owner. Further, no potentially dangerous or dangerous dog shall be kept on a porch, patio or in any part of a house or structure which would allow such dog to exit the building on its own volition. C. All potentially dangerous and dangerous dogs shall be securely confined indoors or in a secure enclosure. Such an enclosure can be a pen, dog run, or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen, structure or dog run shall have secure sides and a secure top. The sides of the enclosure shall not directly adjoin a neighboring property. If the pen, structure or dog run area has no bottom secured to the sides, the sides shall be embedded not less than two feet into the ground. An endosure 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. D. No person owning or harboring, or having the care of, a potentially dangerous or dangerous dog shall suffer or permit such dog to go beyond the premises of such person, unless such dog is securely muzzled in a manner that will not cause injury to the dog but shall prevent it from biting any person or animal; and is restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length. E. Arty corrective actions available under King County's Code 11.04.290 must be made as required by an animal control officer. F. No person shall own or possess with intent to sell, or offer for sale, breed, or buy or attempt to buy within the City any potentially dangerous or dangerous dog. Animal Control 8 G. No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purposes of causing or encouraging said dog to unprovoked attacks upon human beings or domestic animals. 7.04.087 Additional Dangerous Dog Regulations Dangerous dogs which have been shown to be a particular threat to the health, safety and welfare of the community may be subject to additional dangerous dog regulations as follows: A. A dog which has been declared dangerous may be removed and destroyed if the release of the dog would create a significant threat to the health, safety, and welfare of the public. B. 11 it is determined that a dangerous dog shall not be removed or destroyed, Animal Control shall impose any additional conditions upon the ownership of the dog that protect the health, safety and welfare of the public. C. The owner of a dangerous dog that is not removed and destroyed shall be required to have a surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a sum not less than $250,000 payable to a person injured by the dog; or a policy of liability insurance, such as homeowners's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner or keeper for personal injuries inflicted by the dangerous dog, with a certificate from the insurer providing for written notice to the City within 30 days of cancellation, reduction of limits, or termination of coverage. D. A copy of the surety bond or liability insurance policy shall be provided to the City before the dangerous dog is returned to Tukwila to live. 7.04.090 Declaration of dangerous and potential dangerous dog. A. Provision for declaring dangerous and potentially- dangerous dogs. Based on an investigation, 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 definitions set in TMC 7.04.020 H or Q. For the purposes of this chapter the determination of probable cause may include: 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 definitions in TMC 7.04.020 H or Q; 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. B. Dogs shall not be declared dangerous if the threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the dog, or was tormenting, abusing or assaulting the dog, or in the past has been observed or reported to have tormented, abused or assaulted the dog, or was committing or attempting to commit a crime. 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; or Animal Control 2. Personally delivered; or 3. Posting the notice of violation and order on the front door of the living unit of the owner or person with right to control the animal if said owner or person is not home; or 4. If the owner or keeper cannot be located by one of these 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 actual 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 14 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 14 days of receipt of the declaration, or within 14 days of the publication of the declaration, or within 14 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. 7.04.100 Declaration impoundment and abatement. A. Impoundment. Following service of a declaration of potentially dangerous or dangerous dog, and pending appeal under TMC 7.04.090 D, 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. Animal Control- 10 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 receipt of written notice from the director or his authorized animal control officer. Such animal or animals found in violation of this sect-ion 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. 7.04.110 Cruelty to animals Unlawful. A. It is unlawful for any person to: 1. Willfully and cruelly inflict physical injury, or to kill any animal by any means causing unnecessary fright, suffering or pain. 2. By reason of neglect or intent, fail to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space or medical attention, thereby causing or allowing any animal to endure pain, suffering or injury; or to fail or neglect to aid or attempt alleviation of pain, suffering or injury he or she has so caused to any animal. 3. Lay out or expose any kind of poison, or to leave exposed any poison food or drink for man, animal or fowl, or any substance or fluid whatever or wherein there is deposited or mingled any kind of poison, or poisonous or deadly substance or fluid whatever, on any premises or in any unenclosed place, or to aid or abet any person in so doing, unless in accordance with the provisions of RCW 16.52.190. 4. Abandon any domestic animal by dropping off or leaving such animal on the street, road or highway, or in any other public place, or on the private property of another. 5. Keep an animal in an enclosed vehicle when the temperature inside the vehicle reaches 80°F, and/ or the animal appears to be in stress as a result of excessive heat or thirst. B. Any person may lawfully kill a dangerous animal when a clear and present danger exists to his or her own self or to the public safety, and a record of complaint against the animal has been filed with the Animal Control Authority. 7.04.120 Enforcement authority. A. The director of the Animal Control Authority and his /her authorized animal control officers are authorized to take such lawful action as may be required to enforce the provisions of this chapter and the laws of the State as they pertain to animal cruelty, shelter, welfare, and enforcement of control. B. The director of the Animal Control Authority or his /her authorized animal control officer shall not enter a building designated for and used for private purposes, unless the officer has reasonable cause to believe an animal is being maintained in the building in violation of this chapter. C. The director of the Animal Control Authority and his /her authorized animal control officers, while pursuing any animal observed by the officer to be in violation of this chapter, or during investigations for unlicensed animals, may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued or the licensing of animals. D. No person shall deny, prevent, obstruct, or attempt to deny, prevent or obstruct an officer from pursuing any animal observed to be in violation of this chapter. Further, no person shall fail or neglect, after a proper warrant has been presented, to Animal control -11 promptly permit the director or his/ her authorized animal control officer to enter private property to perform any duty imposed by this chapter. Any person violating this subsection is guilty of a misdemeanor. E. Notwithstanding the existence or use of any other remedy, the director of the Animal Control Authority may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute a violation of this code or other regulations herein adopted. 7.04.130 Violations Abatement and impoundment authorized. A. Whenever the director or authorized animal control officer has found an animal maintained in violation of this title, the director of the Animal Control Authority shall commence proceedings to cause the abatement of each violation, provided, that the abatement and removal procedures of this section shall not apply to the dangerous dog removal procedures contained in this chapter. 13. Any animal constituting a public nuisance as provided in this chapter shall be abated and impounded from the City by the owner or by the director of the Animal Control Authority, or his /her authorized animal control officer, upon receipt of two King County Animal Control Authority notices of violation and one order of confinement by the owner in any one -year period. Where it is established by record pursuant to this chapter and no finding was entered showing that the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the director of the Animal Control Authority shall notify and direct the owner of the animal to abate or remove the same from the City and County within 96 hours from the date of the notice. If such animal is found to be within the confines of the City after 96 hours have elapsed from the date of notice, the same shall be abated and removed by the director of the Animal Control Authority. Animals removed pursuant to the provisions of this section shall be removed from the City or be subjected to euthanasia by the Animal Control Authority. 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. Animal control, on behalf of King County, and the City Attorney, on behalf of the City, may collect the civil penalty and the abatement work costs by use of all appropriate legal remedies. B. Cost of 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 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. 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 $50 for the first notice of violation, $75 for the second violation in any one -year period, and $200 for each successive violation. D. Violation, dangerous dog. Any dangerous dog shall be immediately confiscated by an Animal Control Authority if the dog is not maintained in a secure enclosure; or if the dog is allowed to go beyond the owner's premises without leash or muzzle restraints; or either a required surety bond or Iiability insurance of $250,000 is not valid. The owner must pay the costs of confinement and control. The Animal Control Authority must serve notice upon the dog owner in person, to the owner's residence, or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the cost of confinement and control, and that the dog will be destroyed by Animal Control Animal Control in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within 20 days. In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021. Section 2. Repealer. Ordinance No. 1812 and 1772 are hereby repealed. 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 Iaw. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2003. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Animal control -13 Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Steven M. Mullet, Mayor AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING TUKWILA MUNICIPAL CODE CHAPTER 7.04, "ANIMAL LICENSING AND REGULATIONS," REPEALING ORDINANCES 1812 AND 1772; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Tukwila City Council finds that Chapter 7.04 should be clearn, inclusive, and address known animal control issues; and WHEREAS, regulating dangerous and potentially dangerous dogs has become an issue in the City in recent years; and WHEREAS, the ordinance changes are in the best interests of animal pets, their owners' and the public's health, safety and welfare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Tukwila Municipal Code Chapter 7.04 entitled "Animal Licensing and Regulations" is hereby amended to read as follows: Sections: Chapter 7.04 ANIMAL LICENSING AND REGULATIONS 7.04.010 Purpose. 7.04.020 Definitions. 7.04.030 General provisions and licensing. 7.04.040 Dog, cat and pot bellied pig licenses. 7.04.050 Pot Bellied pigs License and Restrictions. 7.04.060 Exotic animals. 7.04.070 Regulation of animals. 7.04.080 Nuisance defined Violation. 7.04.085 Dangerous and notentiallv dangerous dog regulation. 7.04.087 Additional dangerous dog regulations. 7.04.090 Declaration of dlDangerous and potentially dangerous dog-regulation. 7.04.100 Declaration impoundment and abatement. 7.04.110 Cruelty to animals Unlawful. 7.04.120 Enforcement authority. 7.04.130 Violations Abatement and removal authorized. 1/16/03 1 7.04.140 Penalties. 7.04.010 Purpose. It is the public policy of the City to secure and maintain such levels of animal control as will protect human health and safety and, to the greatest degree practicable, will prevent injury to property and cruelty to animal life. To this end, it is the purpose of this chapter to provide a means of licensing dogs, cats, pot bellied pigs, exotic animals, animal shelters, hobby kennels, kennels and pet shops, to control errant animal behavior so that it shall not become a public nuisance, and to prevent cruelty to animals. 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 King County 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 mean Metropolitan King County. 11. Dangerous dog means any dog that, according to the records of the appropriate may 1. Has inflicted Bites or inflicts severe injury on a human being or a domestic animal without provocation on public or private property; or 2. Has ldlledln an aggressive manner, inflicts severe iniury or kills 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. (See Potentitally dangerous dog definition) ICI. Guide DoeDeg -guide means a dog that is trained for the purpose of guiding blind persons or hearing impaired persons. U. Dog pack means a group of two or more dogs running ring 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. JK. Exotic animal means any of the following: 1. Venomous species of snakes capable of inflicting serious physical harm or death to human beings; 1/16/03 2 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. L. Hobby Kennel means a noncommercial kennel at or adjoining a private residence where four or more adult dogs, four or more adult cats, or a combination of five total cats and dogs are bred or kept for hunting, training, and exhibition for organized shows, field, working and /or obedience trials, or for the enjoyment of the species. M. Juvenile means any dog or cat, altered or unaltered, that is under the age of six months. N. 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. O. Person means any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. P. Pot bellied pig means that type of American swine commonly known as Vietnamese, Chinese, or Asian pot bellied pig (Sus Scrofa Bittatus). Q. Potentially Dangerous dog means any dog that when unprovoked: I .B bites o a h menacing fashion or apparent attitude of attack, or any dog with a know tendency, or disposition to attack unprovoked, to cause injury or otherwise to threaten the safety f humans r domestic animals 4. Chases, charges at, or tries to attack, causing a person p if the d o nropert*, to take defensive action in order to prevent bodily injury; or 2. Approaches a person on the streets, sidewalks, public or private property other than the dog owner's property, in a menacing fashion or apparent attitude of attack; or 3. With a known propensity, tendency or disposition to attack, unprovoked, to cause injury or otherwise threaten the safety of humans or domestic animals; or 4. Bites a domestic animal off the dog owner's property, causing the animal's skin to be broken. animal from escaping. Such pen or structure shall structure has no bottom secured to the sides, the sides shall be embedded not less than-one-feet :ens_ t aofined-inrthis seetion. R. 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. S. 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, 1/16/03 3 cord or chain no longer than eight feet except when in or on any vehicle and securely confined to such vehicle. T. Severe injury means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. U. Service animal means an animal that is trained or being trained for the purpose of assisting or accommodating a disabled person's sensory, mental, or physical disability.te aid a person who is blind, hearing impaired, or otherwise disabled and is used for that purpose and-is-registered with a recognized °ervice animal organization. V. 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. 7.04.030 General provisions and licensing. A. General Licensing Provisions The following sections of Chapter 11.04 Metropolitan King County Code as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the word "County" and "King County" shall refer to Metropolitan King County t^ the portion of the county within the City of Tukwila boundaries and references to violations of the County code or County ordinances shall be deemed to be references to violations of City ordinances: 11.04.020 Definitions, and in addition thereto, the definitions set forth in TMC Section 2 of this ordinance are adopted. 11.04.040 Animal shelter, kennel, grooming service, cattery and pet shop license required. 11.04.060 Hobby kennel license- Required. 11.04.070 Animal shelters, kennels and pet shops- Reporting required. 11.04.080 Animal shelters, kennels and pet shops- Inspections. 11.04.090 Animal shelters, kennels, and pet shops- Conditions. 11.04.100 Animal shelters, kennels and pet shops- Indoor facilities. 11.04.110 Animal shelters, kennels and pet shops- Outdoor facilities. 11.04.130 Grooming parlors- Conditions. 11.04.140 Animal shelters, hobby kennels, kennels, pet shops, grooming parlors, guard dog purveyors, guard dog trainers and guard dog owners- Additional conditions. 11.04.150 Licenses, registrations- Revocation, suspension or refusal to renew. 11.04.160 Licenses, registration- Revocation or refusal waiting period. 11.04.165 Private Animal Placement Permit Individual. 11.04.167 Private Animal Placement Permit Organizational. B. General Enforcement and Procedures The following sections of Chapter 11.04 Metropolitan King County as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the word "county" and the words "King County" shall refer to the p on ^°h° county within the City of Tukwila beundarie,sMetropolitan King County, and references to violations of the county code or county ordinances shall be deemed to be references to violations of City ordinances: 11.04.170 Enforcement power. 11.04.180 Violations- Deemed nuisance- Abatement. 11.04.1 90 V iolations- Misdemeanor Penalty. 11.04.200 Violations- Civil Penalty. 11.04.210 Impounding. 1/16/03 4 11.04.220 Additional enforcement. 11.04.240 Unlawful acts against police department dogs. 11.04.280 Redemption procedures. 11.04.290 Corrective action- Vicious animals. 11.04.300 Civil penalty and abatement costs- Liability of owner. 11.04.310 Costs of additional enforcement. 11.04.320 Miscellaneous service charges. 11.04.330 Additional rules and regulations. 11.04.335 Waiver of fees and penalties. 11.04.340 Severability. 11.04.345 Private Animal Placement Permit- Citizen Complaint Process 11.04.510 Unaltered Dogs and Cats Advertising Requirements 11.04.520 Rabies Vaccination Required. 11.12 Rabies Control 11.28 Exotic Animals 11.32 Guard Dogs 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. Dogs kept in kennels for 30 or fewer days need not be licensed while kept at such kennel and while such kennel is duly licensed as provided in King County Code 11.04: otherwise King County licensingprovisions shall apply. B. Juvenile licenses. Reduced fee iuvenile licenses muggy 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 or County- authorized licensing agency 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. Guide dogs and service animals may be eligible for a special, free, permanent license. The guide -dog or service -animal license is subject to meeting reauirements of the owner and the pet. 65. The Animal Control Authority is authorized to collect a fee for a lost or stolen license tag replacement. D. Dog and cat licenses, penalty. 1/16/03 5 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 pays a special unaltered animal license fee for the animal pursuant to King County animal control licensing provisions. 2. Guide dog puppies in training and police service dogs are exempted from the provisions of this subsection. 7.04.050 Pot bellied pigs Licenses and Restrictions A. Licenses. Pot bellied pig licenses shall be issued by the City of Tukwila upon application and payment of an annual license fee made payable to the City of Tukwila according to the schedule of fees approved by the City Council. City residents must obtain a valid license within 30 days of the pig's entry into the City, or by the effective date of this ordinance. n „I P�STT i b a eu ter e Tukwila, c a z _zbstantial collar, harness -eF or on itn i h th' or gice B. Restrictions. 1. No more than two pot bellied pigs may be kept in any dwelling unit or business establishment. Any pigs in excess of two shall be subject to a fine of $25.00 per day per pig, payable to the City of Tukwila. 1/16/03 6 2. No pot bellied pigs weighing more than 150 pounds or having a height greater than 22 inches at the shoulder are allowed. 3. Upon complaint that a pig is larger than allowed, if an investigation by the City shows the complaint to be legitimate, the owner shall be required to show proof of the height and weight of the pig in question as measured and certified by a licensed veterinarian. 4. The Code Enforcement Officer of the City shall have the authority to authorize collection of illegal pot bellied pigs by the King County Animal Control. 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 1. the owner possessed or maintained the exotic animal on or before 1996, 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. 2. the exotic animal is a licensed. service animal according to reouirements of the King County Code 11.28. 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. 7.04.070 Regulation of animals. A. Number of cats and dogs No person shall keep more than three dogs or three cats, or a total of five of a combination of cats and does over the age of four months. If five or more animals are kept, a tobbv kennel license is required. AB. Dogs at large: requirement of a leash or chain 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 means of a leash or chain not exceeding 8 feet in length by the owner or some duly authorized and competent person, 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. C. Offenses relating to sanitation It is unlawful for an owner to: 1. Allow the accumulation of pig, cat, fowl or dog feces in any open area, run cage or yard wherein those animals are kept, and to fail to remove or dispose of feces at least once every seven days. 1/16/03 7 2. Fail to remove the fecal matter deposited by his/her animal on public property,public easements, or private property of another before the owner leaves the immediate area where the fecal matter was deposited. 3. Fail to have in his/her possession equipment such as a plastic bag or other means of conveyance necessary to remove his/her animal's fecal matter when said animal deposits fecal matter on public property, public easement or another's private property. D. Any animal show or exhibition held out of doors or in a public building must notify the Animal Control Authority and the City of Tukwila at Least 24 hours in advance of the event. 7.04.080 Nuisance defined Violation. A. For purposes of this chapter, nuisances are violations of this chapter and shall be defined as follows: 1. Any public nuisance relating to animal control known as common law or in equity jurisprudence; 2. Any animal running at large within the City; 3. Any domesticated animal, whether licensed or not, which runs at large in any park, or enters any public playground or school ground. However, this subsection shall not prohibit a person from walking or exercising an animal in a public park or on a public beach when such animal is on a leash, tether or chain not to exceed 8 feet in length. This subsection shall not apply to any blind person using a trained,, seeing -eye properly- licensed guide or service dog, or to animal shows, exhibitions or organized dog training classes. animal shows, exhibitions, or dog training classed; 4. Any animal which enters any place where food is stored, prepared, served or sold to the public, or any other public building or hall. However, this subsection shall not apply to any blind person using a trainedlicensed guide or service dog, to veterinary offices or hospitals, businesses offering pet services, or to animal shows, exhibitions or organized dog training classes. whereat 5. A female domesticated animal, whether licensed or not, while in heat, accessible to other animals for purposes other than controlled and planned breeding; 6. Any domesticated animal which chases, runs after, or jumps at vehicles using the public streets and alleys; 7. Any domesticated animal which habitually snaps, growls, snarls, jumps upon, or otherwise threatens persons lawfully using the public sidewalks, streets, alleys other public ways. 8. Any animal which has exhibited vicious propensities and which constitutes a danger to the safety of persons or property off his premises or lawfully on his premises; provided, that in addition to other remedies and penalties, the provisions of this chapter relating to dangerous dogs and potentially dangerous dogs shall apply; 9. Any domesticated animal which howls, yelps, whines, barks or makes other oral noises, in such a manner as to disturb any person or neighborhood to an unreasonable degree; 10. Any domesticated animal which enters upon another person's property without the permission of that person; 11 Animals staked, tethered or kept on public property without prior written consent of the County Animal Control Authority; 12 Animals on any public property not under control with a leash held by the owner or other competent person; 1/16/03 8 13. Animals kept, harbored or maintained and known to have a contagious disease unless under the treatment of a licensed veterinarian; 14. Animals running in dog packs. B. Nuisance violations shall be subject to a civil fine and enforcement necessary to abate the violation. 7.04.085 Dangerous and potentially dangerous dogs: registration. prohibitions, etc. A. 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 City of Tukwila and the Animal Control Authority. B. No potentially dangerous dog or dangerous dog shall go unrestricted upon the premises of the owner. Further, no potentially dangerous or dangerous dog shall be kept on a porch, natio or in any part of a house or structure which would allow such dog to exit the building on its own volition. C. All potentially dangerous and dangerous dogs shall be securely confined indoors or in a secure enclosure Such an enclosure can be a pen, dog run, or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen, structure or dog run shall have secure sides and a secure top. The sides of the enclosure shall not directly adjoin a neighboring property. If the pen, structure or dog run area 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 D. No person owning or harboring. or having the care of a potentially dangerous or dangerous dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely muzzled in a manner that will not cause injury to the dog but shall prevent it from biting any person or animal; and is restrained with a chain having a minimum tensile strength of three hundred pounds and not exceeding three feet in length. E. Any corrective actions available under King County's Code 11.04.290 must be made as required by an animal control officer. F. No person shall own or possess with intent to sell, or offer for sale. breed. or buy or attempt to buv within the city any potentially dangerous or dangerous dog. G. No person shall own or harbor any dog for the purpose of dog fighting, or train, torment. badger, bait or use any dog for the purposes of causing or encouraging said dog to unprovoked attacks upon human beings or domestic animals. 7.04.087 Additional Dangerous Dog Regulations Dangerous dogs which have been shown to be a particular threat to the health. safety and welfare of the community may be subiect to additional dangerous dog regulations as follow: A. A dog which has been declared dangerous may be removed and destroyed if the release of the dog would create a significant threat to the health, safety, and welfare of the public. B. If it is determined that a dangerous dog shall not be removed or destroyed, Animal Control shall impose any additional conditions upon the ownership of the dog that protect the health. safety. and welfare of the public. C. The owner of a dangerous dog that is not removed and destroyed, shall be required to have a surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a sum not less than $250.000 payable to a person iniured by the dog: or a policy of liability 1/16/03 9 insurance. such as homeowner's insurance, issued by an insurer uualified under RCW Title 48 in the amount of at least $250,000, insuring the owner or keeper for personal injuries inflicted by the dangerous dog with a certificate from the insurer providing for written notice to the city within 30 days of cancellation, reduction of limits. or termination of coverage. D. A copy of the surety bond or liability insurance policy shall be provided to the City before the dangerous dog is returned to Tukwila to live. 7.04.090 Declaration of dangerous and potential dangerous dog regulation. enclosure unless the dog is muzzlea-er0-restrnined by si ^tnntinl chin or le —h and under f 1 for police -work. BA. Provision for declaring dangerous and potentially dangerous dogs. Based on an investigation 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 definitions set in TMC 7.04.020,H and Q For the purposes of this chapter the determination of probable cause may include: 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 Q; 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; 4. A verified report that the animal previously has been found to be either potentially dangerous, dangerous by any Animal Control Authority; or 5. Other substantial evidence admissible in a court of law. B. Does shall not be declared dangerous if the threat, iniurv, or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner of the doe. or was tormenting. abusing or assaulting the dog or has, in the past, been observed or reported to have tormented, abused. or assaulted the doe or was committing or attempting to commit a crime. 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: or 1/16/03 gt. b. The dog is not maintained in the pr r enclosur er Any dangerous dog confiscated under this section can be disposed of as an unredeemed 10 1. Certified mail to the owner's or keeper's last known address, if known; or 2. Personally delivered; or 3. Posting the notice of violation and order on the front door of the living unit of the owner or person with right to control the animal if said owner or person is not home. 4. If the owner or keeper cannot be located by one of the first twe three 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 actual 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 fourteen calendar 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 fourteen calendar days of receipt of the declaration, or within five calendar -days of the publication of the declaration, or within five fourteen calendar days of the publication of the declaration pursuant to 7.04.090, D, 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. 7.04.100 Declaration impoundment and abatement. 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. 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 of Animal Control, or an 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. 1/16/03 11 7.04.110 Cruelty to animals Unlawful. A. It is unlawful for any person to: 1. Willfully and cruelly inflict physical injury, or to kill any animal by any means causing unnecessary fright, suffering or pain; 2. By reason of neglect or intent, fail to provide the animal with necessary food, water, shelter, rest, sanitation, ventilation, space or medical attention, thereby causing or allowing any animal to endure pain, suffering or injury; or to fail or neglect to aid or attempt alleviation of pain, suffering or injury he or she has so caused to any animal; 3. Lay out or expose any kind of poison, or to leave exposed any poison food or drink for man, animal or fowl, or any substance or fluid whatever or wherein there is deposited or mingled any kind of poison, or poisonous or deadly substance or fluid whatever, on any premises, or in any unenclosed place, or to aid or abet any person in so doing, unless in accordance with the provisions of RCW 16.52.190; 4. Abandon any domestic animal by dropping off or leaving such animal on the street, road or highway, or in any other public place, or on the private property of another. 5. Keep an animal in an enclosed vehicle when the temperature inside the vehicle reaches 80 °F, and/or the animal appears to be in stress as a result of excessive heat or thirst. B. Any person may lawfully kill a dangerous animal when a clear and present danger exists to his or her own self or to the public safety and a record of complaint against the animal has been filed with the Animal Control Authority. 7.04.120 Enforcement authority. A. The director of the Animal Control Authority and his/her authorized animal control officers are authorized to take such lawful action as may be required to enforce the provisions of this chapter and the laws of the State as they pertain to animal cruelty, shelter, welfare, and enforcement of control. B. The director of the Animal Control Authority or his/her authorized animal control officer shall not enter a building designated for and used for private purposes, unless the officer has reasonable cause to believe an animal is being maintained in the building in violation of this chapter. C. The director of the Animal Control Authority and his/her authorized animal control officers, while pursuing any animal observed by the officer to be in violation of this chapter, or during investigations for unlicensed animals, may enter upon any public or private property, except any building designated for and used for private purposes, for the purpose of abating the animal violation being pursued, or the licensing of animals. D. No person shall deny, prevent, obstruct, or attempt to deny, prevent, or obstruct an officer from pursuing any animal observed to be in violation of this chapter. Further, no person shall fail or neglect, after a proper warrant has been presented, to promptly permit the director or his/her authorized animal control officer to enter private property to perform any duty imposed by this chapter. Any person violating this subsection is guilty of a misdemeanor. E. Notwithstanding the existence or use of any other remedy, the director of the Animal Control Authority may seek legal or equitable relief to enjoin any acts or practices and abate any conditions that constitute a violation of this code or other regulations herein adopted. 7.04.130 Violations Abatement and removal authorized. A. Whenever the director or authorized animal control officer has found an animal maintained in violation of this title, the director of the Animal Control Authority shall commence proceedings to cause the abatement of each violation; provided, that the abatement and removal 1/16/03 12 procedures of this section shall not apply to the dangerous dog removal procedures contained in this chapter. B. Any animal constituting a public nuisance as provided in this chapter shall be abated and removed from the City by the owner or by the director of the Animal Control Authority, or his/her authorized animal control officer, upon receipt of two King County Animal Control Authority notices of violation and one order of confinement by the owner in any one -year period. Where it is established by record pursuant to this chapter and no finding was entered showing that the owner will be able to provide reasonable restraints to protect the public from repetitions of violations, the director of the Animal Control Authority shall notify and direct the owner of the animal to abate or remove the same from the City and County within 96 hours from the date of the notice. If such animal is found to be within the confines of the City after 96 hours have elapsed from the date of notice, the same shall be abated and removed by the director of the Animal Control Authority. Animals removed pursuant to the provisions of this section shall be removed from the City or be subjected to euthanasia by the Animal Control Authority. 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. Animal control, on behalf of King County, and the City Attorney, on behalf of the City, 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 City preseeuting 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 $5$50.00 for the first notice of violation, $50.0975.00 for the second violation in any one -year period, and $75.00200.00 for each successive violation. D. Violation. dangerous dog Any dangerous dog shall be immediately confiscated by an animal control authority if the dog not maintained in a secure enclosure; or if the dog is allowed to go beyond the owner's premises without leash or muzzle restraints; or either a required surety bond or liability insurance of $250,000 is not valid. The owner must nay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person, to the owner's residence, or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog. that the owner is responsible for payment of the cost of confinement and control, and that the dog will be destroyed by Animal Control in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within twenty days. The t a f np t•f ca ti o In addition, the owner shall be guilty of a gross misdemeanor punishable in accordance with RCW 9A.20.021. 1/16/03 Section 2. Repealer. Ordinance No. 1812 and 1772 are hereby repealed. 13 Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. 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 (5) 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 2003. ATTEST /AUTHENTICATED: Jane E Cantu, City Clerk APPROVED AS TO FORM: By Office of the City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Steven M. Mullet, Mayor 1/16/03 14 INFORMATION MEMORANDUM TO: Mayor Mullet FROM: Public Works Director DATE: January 17, 2003 SUBJECT: New Franchise Agreement with Seattle City Light DISCUSSION ISSUE: Enter into a new franchise agreement with Seattle City Light. BACKGROUND: The City has an existing franchise agreement with Seattle City Light that expires in 2008. Under that agreement, Seattle City Light is to pay a nominal franchise fee. The City Council has decided to implement a utility tax on telephone, gas, and electric utilities. In order to assess the tax on Seattle City Light's electric bills, the existing franchise must be renegotiated because the existing franchise does not allow the collection of a utility tax for Tukwila. Several other cities have also implemented a utility tax and that has required a new franchise agreement with Seattle City Light. Seattle City Council has required that the terms contained in each of the agreements to be the same. Tukwila has expressed concern about some of the proposed franchise terms because we want the Seattle City Light rates to be as close to the Puget Sound Energy rates as possible. The major topic of discussion between Tukwila and Seattle Light has revolved around this issue. Attached is the proposed franchise agreement. The key points of the agreement are: 1. Franchise term is for 15 years. 2. Seattle City Light shall pay the City 4% in 2003 and 2004; 5% in 2005 and 2006; and 6% as of 2007 of the amount of revenue derived from the power portion of SCL service, and shall pay the City 4% in 2003 and 2004; 5% in 2005 and 2006; and 6% as of 2007 of the amount of revenue derived from the distribution portion of SCL service. 3. Seattle City Light shall not be able to add more than an additional 2% on top of our percentages. This agreement is a major concession on Seattle City Light's part because in other agreements, SCL has been allowed to immediately charge up to a combined total (City percentage plus SCL percentage) of 8 4. Seattle City Light will abide by Tukwila's new "Right -of -Way Use Code 5. Language has been included, section 7.0, that allows Seattle City Light to collect the costs from Sound Transit for any undergrounding expenses that may occur on the Light Rail Project. RECOMMENDATION: Present the proposed franchise agreement to the City Council for approval. Each month of delay in approving the franchise agreement results in an estimated revenue loss of $55,000. CAS Number: 03-003 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if knnvynl Fund Source (if known) Meeting Date 1/21/03 Meeting Date 1/21/03 Resolution COUNCIL AGENDA SYNOPSIS Meeting Date I Prepared by 1/21/03 1 LL Recommend approval of resolution N/A Same as sponsor RECORD OF COUNCIL ACTION Action Initials ITEM NO. I Mayor's review 1 Council review I 1 I Vi I 1 1 I ITEM INFORMATION Original Agenda Date: 1/21/03 Resolution supporting the Highline School District's February 4" Levy APPENDICES Attachments O. Council x Admin. Vote is February 4` 2003 Last year, Highline School District passed a capital facilities bond. This yeas the normal education levy that pays for educational programs and operation expenses including instruction, safety, materials and facility maintenance and operations is up for approval. It is a replacement tax, and not a new tax. City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, SUPPORTING THE HIGHLINE SCHOOL DISTRICT REPLACEMENT LEVY FOR THE DIRECT EDUCATION OF STUDENTS. WHEREAS, residents of the Highline School District will vote for a replacement school levy on February 4; and WHEREAS, the tax is not a new tax, butis a replacement for a levy that directly pays for student education; and WHEREAS, the levy proceeds will be used to buy books and utilities, and to pay teachers, teaching assistants, bus drivers, and custodians; and WHEREAS, if the levy does not pass, a 20% cut in the District's school budget would be required; and WHEREAS, Highline had the third lowest tax rate of the eight south King County school districts for 2002, and the district has made a commitment to help every student in their district succeed, which will need the funding they have traditionally had from levies; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City Council of the City of Tukwila supports the Highline School District levy for General Fund educational programs and materials. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this day of 2003. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney H1gMIneSchool Distact Levy 2003 Filed with the City Cleric. Passed by the City Council: Resolution Number: Pain Carter, Council President CAS Number: 03-004 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: 0 3_ O 0 U Original Agenda Date: 01 -21 -03 Council 2003 -2005 Recommendations: Sponsor: Review Approve the agreement. Committee: Administration: Same as the sponsor. Cost Impact (if known): I Fund Source (if known): 01 -21 -03 01 -21 -03 Initials Meeting Date Prepared by I Mayylr's review 1 Council review 01 -21 -03 VLJ I WV 1 G✓C 1 3 I I I I I Police Non- Commissioned Labor Agreement Admin. X acn men t None. Information provided under separate cover. ITEMNO. A tentative agreement has been reached with the Non Commissioned Police employees represented by the United Steelworkers Local No. 9241. Membership voted last week to accept the agreement. 4 CAS Number: 03-005 Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: Cost Impact (if knnwn• Fund Source (if known) Meeting Date 1/21/03 Meeting Date done.. 1/21/03 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Maybes ieview1 Council review 1 1/21/03 LL 1 VW I £t'C. 1 1 r 1 I I I I 1 I I ITEM INFORMATION Original Agenda Date: 1/21/03 Agenda Item Title: Appointment of an ACC Representative from Tukwila Council x Admin. Appointment needed this month Each year the Council appoints an ACC representative. Jim H has served as that representative in recent years. Naming an alternate representative is also a good idea. Move to appoint an ACC representative and alternate for 2003. N/A Same as sponsor ACC dues $50,000 $100,000 General fund Contributions /Fund Balance RECORD OF COUNCIL ACTION Action APPENDICES Attachments ITEM NO. e.