HomeMy WebLinkAboutFS 2008-01-23 COMPLETE AGENDA PACKET te
City of Tukwila Distribution: T. a
J. Duffle K. Mate
P. Under M. Miotke
D. Robertson J. Morrow
Finance &Safety Committee K Hougardy C. O'Flaherty
3
Mayor Haggerton G. Labanara
w�t� R. Berry N. Olivas
q Dennis Robertson, Chair J. Cantu J. Pace
B. Fletcher D. Speck
190E 4 i+ Pam Linder K. Fuhrer R. Still
D, Haynes D. Torna5o
Kathy Hougardy V. Jessop Judge Walden
S. Kerslake CC File (cover)
AGENDA
WEDNESDAY, (MONDAY IS A HOLIDAY) JANUARY 23, 2008, 5:00 PM
Conference Room #3
Item
Action to be Taken Page
1. PRESENTATIONS
2. BUSINESS AGENDA
a. Interlocal agreement to provide tourism and a. Forward to 1/28 C.O.W. Pg.1
marketing services to the City of Kent; and 2/4 Regular.
Katherine Kertzman, Tourism Manager,
b. An ordinance adopting by reference b. Forward to 1/28 C.O.W. Pg.5
RCW 9.16.260, Cyberstalking; and 2/4 Regular.
Peter Beckwith, Assistant City Attorney.
c. An ordinance adopting by reference RCW 9A.56.063, c. Forward to 1/28 C.O.W. Pg.9
Making or Possessing Motor Vehicle Theft Tools; and 2/4 Regular.
Peter Beckwith, Assistant City Attorney.
d. An ordinance amending TMC 7.04.090, d. Forward to 1/28 C.O.W. Pg.13
Dangerous Dog Appeal Process; and 2/4 Regular.
Peter Beckwith, Assistant City Attorney.
e. Technology options for use by the City Council; e. Discussion only. Pg.
Counci /member Robertson.
f. Future Agenda Items and Meeting Protocol; f. Discussion only. Pg.
Councilmember Robertson.
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Tuesday, February 5, 2008
The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206 433 -1800 for assistance.
TO:
Mayor
Finance and Safety Committee
FROM:
Tourism & Marketing Program Manager
acs ~\L ~JL.
January 16,2008
DATE:
SUBJECT:
Interlocal Agreement with the City of Kent for Tourism Services
ISSUE
This agenda item is to approve an interlocal agreement for Seattle Southside to provide tourism and
marketing services to the City of Kent.
BACKGROUND
In 2004 the City of Kent entered into an agreement with Seattle Southside Visitor Services (SSVS) to
purchase tourism and marketing services for the purpose of increasing awareness of Kent as a travel
destination. SSVS is a cooperative tourism and marketing program bet\:veen the cities of Tukwila and
SeaTac and administered by the City of Tukwila. SSVS also provides marketing services to the cities of
Kent and Des Moines. The agreement with Kent had a three-year term that expired on December 31, 2007.
It is time to renew the agreement.
DISCUSSION
The proposed agreement is very similar to the previous one. The most substantial change is the contract
term, which is for one year commencing on January 1,2008. It shall renew for subsequent one-year terms
unless otherwise terminated for cause or with 60 days notice. (See sections 4 and 6.) Kent's payment to
SSVS will remain the same at $120,000 per year.
The City's Lodging Tax Advisory Committee has reviewed the opportunity and recommends that it be
renewed.
FISCAL IMPACT
Kent's annual operating budget of $120,000 was approved for SSVS in 2008. Both City Councils review
this program annually as part of the Cities' regular budget process. This proposed agreement is already
reflected in the City of Tukwila's 2008 budget and no additional budgetary authority is necessary.
ATTACHMENTS
Proposed Interlocal Agreement for Tourism and Marketing Services bet\:veen Seattle Southside Visitor
Services and the City of Kent.
RECOMMENDATION
Authorize Mayor to sign the proposed interlocal agreement.
mTERLOCALAGREEMENT
FOR
TOURISM AND MARKETING SERVICES
BETWEEN SEATTLE SOUTHSIDE VISITOR SERVICES AND CITY OF KENT
DRAFT
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into pursuant
to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and
between Seattle Southside Visitor Services ("SSVS") and the City of Kent ("Kent").
RECITALS
WHEREAS, SSVS is a cooperative tourism and marketing program between the cities of
Tukwila and SeaTac, administered by the City of Tukwila;
WHEREAS, Kent desires to acquire professional tourism and marketing services for the
purpose of increasing awareness of Kent and its surrounding areas as tourist destinations; and
WHEREAS, SSVS is willing to expand the scope of its existing tourism and marketing
services to include Kent;
NOW THEREFORE, in consideration of the mutual covenants contained in this
agreement, the parties agree as follows:
AGREEMENT
1. PURPOSE. The purpose of this Agreement is to include Kent in SSVS's tourism &
marketing program to promote tourism in Kent.
2. SCOPE OF SERVICES. SSVS agrees to provide the following tourism & marketing
services to Kent:
a) Incorporate Kent's tourism businesses into the existing SSVS Tourism
Networking Committee for the purposes of creating awareness, support, and
participation in SSVS's various marketing activities.
b) Facilitate input from Kent's tourism businesses for the purposes of developing,
implementing, and evaluating annual marketing activities.
c) Attend Kent's Lodging Tax Advisory Committee meetings.
d) Submit quarterly reports to Kent's Lodging Tax Advisory Committee regarding
marketing budget information, implementation schedules, and marketing
strategies.
e) Implement annual marketing and media plans incorporating Kent's tourism
businesses.
INTERLOCAL AGREEMENT FOR
TOURlSM AND MARKETING SERVICES - 1
r\ DRAFT
f) Incorporate Kent hotels, major tourist attractions, and Kent sponsored events and
venues into SSVS's vacation planner, website, coupon book, and restaurant
concierge book. Shopping destinations, restaurants, tourist attractions, and other
tourism businesses located in Kent will be offered the opportunity to be included
in these materials at their own cost.
g) Create and distribute tourism materials, including but not limited to those
identified in subsection (f) above, regarding Kent's tourism businesses.
This scope of services shall not include implementation of Kent specific tourism projects. At
such time as Kent and SSVS mutually agree, SSVS may advise or assist Kent, or with Kent's
prior approval, the Kent Chamber of Commerce, regarding Kent specific projects (including
sport tournament bids and Kent's specific lodging website: www.kenthotels.org, etc.).
3. COMPENSATION. Kent shall pay an amount not to exceed $] 20,000.00 per year to be
paid in monthly installments of $10,000.00. SSVS shall invoice Kent monthly with payment to
be made within _ L-) days of Kent's receipt ofSSVS's invoice.
4. TERM. The term of this Agreement shall be for one year commencing on January I,
2008. The Agreement shall renew for subsequent one year terms until terminated as set forth in
paragraph 6 below, if SSVS first gives ,<'.'ritten notice to renew at least sixty (60) days before the
end of the current term, and if Kent provides its approval of the renewal request before the end of
the current term.
5. RECORDS. SSVS shall maintain or cause to be maintained books of accounts
concerning the services provided under this Agreement, in which books shall be entered, fully
and accurately, each transaction pertaining to this Agreement. All the books will be open during
normal business hours for inspection and examination by Kent.
6. TERMINATION. SSVS or Kent may terminate this Agreement in writing, with or
without cause, upon giving at least sixty (60) days advance written notice. The terminating party
shall be liable for its share of financial obligations entered into on its behalf prior to termination,
including but not limited to rent obligations and media buys.
7. OWNERSHIP. SSVS shall maintain ownership of all property acquired pursuant to this
Agreement.
8. AMENDMENT. This Agreement may be amended or modified in writing at any time
with the mutual consent of both parties.
9. HOLD HARMLESS. SSVS and Kent agree that each party shall defend, indemnify,
and hold harmless the other party and its officers, officials, agents employees, and volunteers
from any and all claims, injuries, actions, damages, losses or suites including reasonable
attorney's fees, which arise out of or are connected with any errors, omissions, or negligent acts
in the performance of this Agreement.
rNTERLOCAL AGREEMENT FOR
TOURISM AND MARKETING SERVICES - 2
10. ADMINISTRATOR. The Administrator listed below shall be responsible for and shall
be the contact person for all communications regarding the performance of this Agreement.
Katherin Kertzman, Prg. Dir.
14220 Interurban Ave. S. #130
Seattle, WA 98168
Kent:
Ben Wolters, Econ. Dev. DirectORAF T
220 4th Ave. S.
Kent, W A 980320
SSVS:
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed,
which shall become effective on the last date entered below.
~
Jim . HBggerton, Nayor
Dated:
Suzette Cooke, Mayor
Dated;
Attest:
Attest:
Jane Cantu, City Clerk
Brenda Jacober, City Clerk
Approved as to Form:
Approved as to Form:
~~
City Attorney
City Attorney
P 'Co III"i'ti'Opc"oFilc(Jl2:1 r...111l17iS.SYSlnl<<icclAp2n~R=d1ir:.;:.d.x
INTERLOCAL AGREEMENT FOR
TOURISM AND MARKETING SERVICES - 3
KENYON DISEND, PLLC
THE M[]NICIPAL LAw FIRM
11 FRO:t-.rr STREET SOUTH
ISSAQUAH, W ASHINGfON 98027-3820
WWW.KEl.H.ONDISEND.COM
(425) 392-7090 · (206) 628-9059
FAX (425) 392-7071
MICHAEL R. KENYON
BRUCE L. DISEND
SHELLEY M. KERSLAKE
KERR! A. JORGENSfu'\'
PETER B. BECKWITH
RENEE G. WALLS
KARl L. SAND
M01\'1CA A. BUCK
KATHRYN J. HARDY
AMY JO PEARSALL
SANDRA S. MEADOWCROFT
CHRIS D. BACHA
MARGARET J. KING
INFORlVIATION MEMO
To:
From:
Date:
Re:
Finance and Safety Committee
Peter Beckwith, Assistant City Attorney
January 16, 2008
Adopting by Reference RCW 9.61.260, Cyberstalking
ISSUE
Whether the City Council should adopt RCW 9.61.260 to make cyberstalking a crime.
BACKGROUNDIDISCUSSION
In 2004, the Legislature enacted RCW 9.61.260 making cyberstalking a crime. Cyberstalking
occurs when electronic communications, such as e-mail, text messaging, ete, are used to harass,
intimidate, torment or embarrass others. The City's prosecutor has seen evidence of this crime ill
many police reports recently and would like the ability to prosecute this offense. Before this can be
done, however, the City must adopt this statute.
RECOMl\1E:NDATION
Our office recommends adopting by reference RC\V 9.61.260, Cyberstalking.
Attachments: Proposed ordinance and copy of RC\V 9.61.260.
C:\J'<ovelf\GroupWiselc\1EMO - Cyberstalking lnfo.docIPiOlil6!08
SERVING \^1ASHINGTON CITIES SINCE 1993
Rc :,FT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE SECTION 8.30.010,
ASSAULT AND OTHER CRIMES INVOLVING PHYSICAL HARM; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, in 2004, the State Legislature enacted legislation making cyberstalking a crime;
and
WHEREAS, in the interest of the public health, safety, and welfare, the City Council desires to
adopt by reference RCW 9.61.260, Cyberstalking, as presently constituted or hereinafter amended,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 8.30.010 Amended. Tukwila Municipal Code 8.30.010 (Assault and
Other Crimes Involving Physical Harm) is hereby amended to read as follows:
8.30.010 Assault and Other Crimes Involving Physical Harm
The following statutes of the State of Washington are adopted by
reference:
RCW 9A.36.041
RCW 9A.36.050
RCW 9A.36.070
RCW 9.61.230
RCW 9.61.240
RCW 9.61.250
RCW 9.61.260
Assault in the fourth degree.
Reckless endangerment
Coercion.
Telephone calls to harass, intimidate, torment or
embarrass.
Telephone calls to harass, intimidate, torment or
embarrass - Permitting telephone to be used.
Telephone calls to harass, intimidate, torment or
embarrass - Offenses, where deemed committed.
Cyberstalking.
Section 2. 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.
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Section 3. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force five 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 , 2007.
ATTEST / AUTHENTI CATED:
Jane E. Cantu, CMC, City Clerk
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
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RC\V 9.61.260: Cyberstalking.
Page 1 of 1
RCW 9.61.260
Cyberstalking.
(1) A person is guilty of cyberstalking if he or she, with intent to harass, intimidate, torment, or embarrass any other
person, and under circumstances not constituting telephone harassment, makes an electronic communication to such
other person or a third party:
(a) Using any lewd, lascivious, indecent, or obscene words, images, or language, or suggesting the commission of
any lewd or lascivious act;
(b) Anonymously or repeatedly whether or not conversation occurs; or
(c) Threatening to inflict injury on the person or property of the person called or any member of his or her family or
household.
(2) Cyberstalking is a gross misdemeanor, except as provided in subsection (3) of this section.
(3) Cyberstalking is a class C felony if either of the following applies:
(a) The perpetrator has previously been convicted of the crime of harassment, as defined in RCW 9A.46.060, with the
same victim or a member of the victim's family or household or any person specifically named in a no-contact order or
no-harassment order in this or any other state; or
(b) The perpetrator engages in the behavior prohibited under subsection (1 )(c) of this section by threatening to kill the
person threatened or any other person.
(4) Any offense committed under this section may be deemed to have been committed either at the place from which
the communication was made or at the place where the communication was received.
(5) For purposes of this section, "electronic communication" means the transmission of information by wire, radio,
optical cable, electromagnetic, or other similar means. "Electronic communication" includes, but is not limited to,
electronic mail, internet-based communications, pager service, and electronic text messaging.
[2004 c 94 S 1.]
Notes:
Severability -- 2004 c 94: "If any provision of this act or its application to any person or circumstance is held invalid,
the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2004 c
94 S 6.]
Effective dates -- 2004 c 94: "This act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions, and takes effect immediately [March 24,
2004], except for section 3 of this act, which takes effect July 1, 2004." [2004 c 94 9 7.]
http://apps.leg.wa.govIRCW/default.aspx?cite=9.61.260
01117/2008
KENYON DISENDj PLLC
THE MU1\TICIPAL LA W FIRM
11 FR01'-.TT STREET SOUTH
ISSAQUAH, WASHINGTON 98027-3820
WWW.KENYONDISEND.COM
(425) 392-7090 . (206) 628-9059
FAX (425) 392-7071
MICHAEL R. KENYON
BRUCE L. DISEND
SHELLEY M. KERSLAKE
KERRI A. J ORGfu"<SEN
PETER B. BECKWITH
RENEE G. WALLS
KARl L. SAND
MONICA A. BUCK
KATHRYN}. HARDY
A.,\f'{ JO PEARSALL
SANDRA S. MEADOWCROFr
CHRIS D. BACHA
MARGARET J. KING
INFORMATION MEl\10
To:
From:
Date:
Re:
Finance and Safety Committee
Peter Beckwith, Assistant City Attorney
January 16, 2008
Ordinance Amending TMC 8.40.040, Trespass and Related Crimes
ISSUE
vVhether the City Council should adopt by reference RCW 9A.56.063, making or possessing
motor vehicle theft tools, in order for the City to enforce this statute.
BACKGROUNDIDISCUSSION
In 2007, the State Legislature enacted legislation making it unlawful for a person to make or possess
motor vehicle theft tools. Making or possessing these tools is a gross misdemeanor that can be
prosecuted in the Tukwila Municipal Court should the City decide to do so. The City's Prosecutor
has requested that the City adopt this statute by reference.
RECOMMENDATION
Our office recommends adopting RCW 9A.56.063 by reference so that the City's Prosecutor can
prosecute this crime.
Attachments: Proposed ordinance and copy ofRCW 9A.56.063.
SERVING WASHINGTON CmES SINCE 1993
CITY OF TUKWILA
WASIDNGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON AMENDING SECTION 8.40.040 TRESPASS
AND RELATED CRIMES TO INCLUDE THE ADOPTION
OF RCW 9A.56.063 RELATING TO THE MAKING OR
POSSESSING MOTOR VEHICLE THEFT TOOLS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE
WHEREAS, in 2007 the State Legislature enacted legislation making it unlawful for a person
to make or posses motor vehicle theft tools; and
WHEREAS; in the interest of the public health, safety and welfare, the City Council desires to
adopt by reference RCW 9A.56.063, Making or Possessing Motor Vehicle Theft Tools, as presently
constituted or hereinafter amended;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
W ASIllNGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 8.40.040 Amended. Tukwila Municipal Code Section 8.40.040 (Trespass
and Related Crimes) is hereby amended to include the adoption of RCW 9A.56.063 "Making or
Possessing Motor Vehicle Theft Tools" and shall read as follows:
8.40.040 Trespass and Related Crimes
The following statutes of the State of Washington are adopted by reference:
RCW 9A.52.01O Definitions.
RCW 9A.52.060 Making or having burglary tools.
RCW 9A.52.070 Criminal trespass in the first degree
RCW 9A.52.080 Criminal trespass in the second degree
RCW 9A.52.090 Criminal trespass - Defenses.
RCW 9A.52.100 Vehicle prowling.
RCW 9A.52.120 Computer trespass in the second degree.
RCW 9A.52.130 Computer trespass - Commission of other crime
RCW 9A.56.063 Making or Possessing Motor Vehicle Theft Tools
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Section 2. 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 3. Effective Date. This Ordinance shall be published in the official newspaper of the
City, and shall take effect and be in full force five (5) days after the date of publication.
ADOPTED BY THE CITY COUNCil., AT A REGULAR MEETING THEREOF ON
THE _DAY OF ,2008.
CITY OF TUKWILA
Jim Haggerton, Mayor
ATTEST/AUTHENTICATED:
Jane Cantu, City Clerk
Approved as to form:
Shelley Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Ordinance No.
Date of Publication:
-2-
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RC\V 9A.56.063: Making or possessing motor vehicle theft tools.
Page 1 of 1
RCW 9A.56.063
Making or possessing motor vehicle theft tools.
(1) Any person who makes or mends, or causes to be made or mended, uses, or has in his or her possession any motor
vehicle theft tool, that is adapted, designed, or commonly used for the commission of motor vehicle related theft, under
circumstances evincing an intent to use or employ, or allow the same to be used or employed, in the commission of
motor vehicle theft, or knowing that the same is intended to be so used, is guilty of making or having motor vehicle theft
tools.
(2) For the purpose of this section, motor vehicle theft tool includes, but is not limited to, the following: Slim jim, false
master key, master purpose key, altered or shaved key, trial or jiggler key, slide hammer, lock puller, picklock, bit, nipper,
any other implement shown by facts and circumstances that is intended to be used in the commission of a motor vehicle
related theft, or knowing that the same is intended to be so used.
(3) For the purposes of this section, the following definitions apply:
(a) "False master" or "master key" is any key or other device made or altered to fit locks or ignitions of multiple
vehicles, or vehicles other than that for which the key was originally manufactured.
(b) "Altered or shaved key" is any key so altered, by cutting, filing, or other means, to fit multiple vehicles or vehicles
other than the vehicles for which the key was originally manufactured.
(c) "Trial keys" or "jiggler keys" are keys or sets designed or altered to manipulate a vehicle locking mechanism other
than the lock for which the key was originally manufactured.
(4) Making or having motor vehicle theft tools is a gross misdemeanor.
[2007 c 199 !l18.]
Notes:
Findings --Intent n Short title -- 2007 c 199: See notes following RCW 9A.56.065.
http:// apps.leg. wa. gov/RCW 1 default.aspx?cite=9 A. 5 6.063
01/17/2008
KENYON DISEND/ PLLC
THE MUNICIPALLAW FIRM
11 FRO~rr STREET SOUTH
ISSAQUAH, W ASHINGfON 98027-3820
WWW.KENYONDrsEND.coM
(425) 392-7090 . (206) 628-9059
FAX (425) 392-7071
MICHAEL R. KENYON
BRUCE L. DrSEND
SHELLEY M. KERSLAKE
KERRl A. JORGENSS"l
PETER B. BECKWITH
RENEE G. WALLS
KARl L. SAND
MO~'1CA A. BUCK
KATHRYN J. HARDY
A.,\W JO PEARSALL
SAi"lDRA S. MEADOWCROFT
CHRIS D. BACHA
MARGARET J. KING
INFORIWATION :MEMO
To:
From:
Date:
Re:
Finance and Safety Committee
Peter Beckwith, Assistant City Attorney
January 16, 2008
Ordinance Amending TMC 7.04.090, Dangerous Dog Designation
ISSUE
Whether the City Council should amend its Municipal Code to allow an appeal of a designation
of dangerous or potentially dangerous dog to go before the City's Hearing Examiner.
BACKGROUND/DISCUSSION
Currently, Tukwila Municipal Code Section 7.04.090(E) (Declaration of Dangerous and Potentially
Dangerous Dog - Declaration Appeal Procedure) provides that an owner or keeper of a dog
deemed dangerous or potentially dangerous may appeal such designation to the King County
Animal Control Authority Board of Appeals. However, the City and County do not regulate
dangerous or potentially dangerous dogs in the same manner.
During the City's negotiations with King County to renew the interlocal agreement for animal
control services it was suggested that due to the difference in animal control regulations that appeals
of dangerous and potentially dangerous dog designations go before the City's Hearing Examiner.
This would also allow the City's appeal procedures be used as opposed to the procedures used by
the King County Animal Control Authority Board of Appeals. If approved, the City's Hearing
Examiner has agreed to take on this additional responsibility.
RECOIVIMENDATION
Because of the difference in animal control regulations and to maintain control over the appeal
process, our office recommends amending TMC 7.04.090(E) so that appeals of dangerous or
potentially dangerous dog designations go before the City's Hearing Examiner instead of the King
County Animal Control Authority Board of Appeals.
Attachment: Proposed ordinance in track change.
C:\Documents and SetlingsIPamela-O\Local Setlings\Temp\GWViewer\MEMO - Dangerous Dog Appeallnfo.docJPfOl/16!08
SERVING VVASHINGTON CrrrES SINCE 1993
CITY OF TUKWILA
W ASIDNGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TUKWILA,
WASIllNGTON, AMENDING TUKWILA MUNICIPAL
CODE SECTIONS 7.04.090 AND 7.04.100 REGARDING
THE APPEAL OF A DANGEROUS OR POTENTIALLY
DANGEROUS DOG DESIGNATION; PROVIDING FOR
SEVERABILI1Y; AND ESTABLISIDNG AN EFFECTIVE
DATE
WHEREAS, the appeal procedure set forth under Tukwila Municipal Code Section
7.04.090(E) (Declaration of Dangerous and Potentially Dangerous Dog), provides that an owner or
keeper of a dog deemed dangerous or potentially dangerous may contest such designation before the
King County Animal Control Authority Board of Appeals; and
WHEREAS, the City Council desires to amend the appeal procedure of Tukwila Municipal
Code Section 7.04.090(E) in order that appeals of dangerous dog and potentially dangerous dog
designations go before the Tukwila Hearing Examiner,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. TMC 7.04.090(E) Declaration Appeal Procedure (Amended). The following
provisions of Tukwila Municipal Code Section 7.04.090(E) (Declaration of Dangerous and
Potentially Dangerous Dog - Declaration Appeal Procedure) is hereby amended to read as follows:
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 .^...nimal Control Authority Board of AppealsTukwila Hearing
Examiner. 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
AppealsTukwila Hearing Examiner can be appealed in Superior Court.
2. If the Board of l\ppealsTukwila Hearing Examiner finds there is
insufficient evidence to support the declaration, it shall be rescinded and the
restrictions imposed thereby annulledvacated.
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3. If the Board of AppealsTukwila Hearing Examiner finds sufficient
evidence to support the declaration, then it shall be affirmed.
4. / If the Board of AppealsTukwila Hearing Examiner 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.
Section 2. TMC 7.04. 1 OO(A) Declaration - Impoundment and Abatement
(Amended). The following provisions of Tukwila Municipal Code Section 7.04.100(A)
(Declaration - impoundment and abatement) is hereby amended to read as follows:
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 AppealsTukwilaHearing
Examiner or a court of competent jurisdiction orders either its redemption or
destruction.
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 shall be published in the official newspaper of the
City, and shall take effect and be in full force five (5) days after the date of publication.
ADOPTED BY THE CITY COUNCil., AT A REGULAR MEETING THEREOF ON
THE_DAY OF ,2007.
CITY OF TUKWILA
ATTEST/AUTHENTICATED:
Jim Haggerton, Mayor
Approved as to form:
Shelley Kerslake, City Attorney
, Jane Cantu, City Clerk
Filed with the City Clerk:
Passed by the City Council:
Ordinance No.
Date of Publication:
-2-
Madntash HD: Use.-s:stada: D~'<tcp-.really recent ords:Dangerous Dogs.doc/SN/O 1/17/08