HomeMy WebLinkAboutOrd 2197 - Dangerous Dog Designation Appeal ProcedureCity of Tukwila
Washington
Ordinance No. 1 q 1-i
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 2011, AS CODIFIED AT
SECTIONS 7.04.090 AND 7.04.100 OF THE TUKWILA MUNICIPAL CODE,
REGARDING THE APPEAL OF A DANGEROUS OR POTENTIALLY
DANGEROUS DOG DESIGNATION; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the appeal procedure set forth under Tukwila Municipal Code Section
7.04.090, "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, because Tukwila's dangerous dog provisions differ from those of King
County, the City Council desires to amend the appeal procedure so 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, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC 7.04.090, "Declaration of Dangerous and Potentially- Dangerous
Dogs," Amended. Ordinance No. 2011, as codified at TMC 7.04.090E, 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 7.04.090C, request a hearing from the Tukwila 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 Tukwila Hearing Examiner can be
appealed in Superior Court.
2. If the Tukwila Hearing Examiner finds there is insufficient evidence to
support the declaration, it shall be rescinded and the restrictions imposed thereby
vacated.
3. If the Tukwila Hearing Examiner finds sufficient evidence to support the
declaration, then it shall be affirmed.
4. If the Tukwila 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 7.04.100, "Declaration Impoundment and Abatement," Amended.
Ordinance No. 2011, as codified at TMC 7.04.100A, 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 7.04.090E, the Animal Control
Authority may, if circumstances require, impound the animal at the owner's or keeper's
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expense, until the appeal to the Tukwila Hearing Examiner or a court of competent
jurisdiction orders either its redemption or destruction.
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 law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 1 day of F /'ti Q rj 2008.
ATTEST/ AUTHENTICATED:
Jai Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Hag
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Mayor
Filed with the City Clerk:
Passed by the City Counc 1 4 OF
Published „2 9- 0
Effective DatP• ea- a
Ordinance Number q J
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SUMMARY OF ORDINANCE
No. 2197
City of Tukwila, Washington
On February 4, 2008 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2197, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 2011, AS CODIFIED AT SECTIONS
7.04.090 AND 7.04.100 OF THE TUKWILA MUNICIPAL CODE, REGARDING THE
APPEAL OF A DANGEROUS OR POTENTIALLY DANGEROUS DOG DESIGNATION;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Regular Meeting on February 4, 2008.
c -Q..,a,(_-e.- z,
J E. Cantu; CMC, City Clerk
Published Seattle Times: February 7, 2008