HomeMy WebLinkAbout5681 ORDINANCE NO. 5 6 8 1
AN ORDINANCE of the City Council of the City of Auburn,
Washington, amending Section 6.32.010 of the Auburn City
Code, and creating a new Section 6.32.015 of the Auburn
City Code, relating to animal control regulations
WHEREAS, the current provisions of the Auburn City Code include some animal
control regulations, but not City-wide leash laws; and,
WHEREAS, among the City's animal control regulations are provisions adopted
by reference from the King County Code; and,
WHEREAS, it is appropriate that the City adopt certain presently not adopted
provisions of the King County Code to provide for a City-wide leash law for dogs,
enforceable throughout the City; and,
WHEREAS, it is also appropriate to make other changes in the adopting
language to ensure that the provisions of the King County Animal Control Code is able
to be read and applied consistently within the City of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
SECTION ONE. AMENDMENT TO SECTION 6.32.010 ACC.
That Section 6.32.010 ACC, relating to animal control, is amended to read as
follows:
6.32.010 King County provisions adopted by reference.
There is herewith adopted by the city, by reference, Title 11 of the codified
ordinance of King County, King County Ordinance No. 1396, includin.q the provisions of
Chapter 11.08 thereof identified in section 6.32.015 hereof, as now or hereafter
amended '"~*" +" ....... ,~ ~ ~..k~,,~ ~ o/~ ,,.~ /~ /~ ~/~. ~ ~ o/~ /~
....~ ..... * r-~..,.~. 11 n~ +~, .... + Provided that references to Kinq County shall be
chan.qed to, read and interpreted as, the City of Auburn, unless a contrary intent is
expressed therein or such a chan.qe/read n.q/nterpretat on is contrary to the rest of the
provisions of Title 6 of the City Code and/or Title 11 of the Kinq County Cod~.. (Ord.
4065 § 5, 1985.)
Ordinance No. 5681
July 1, 2002
Page 1
SECTION TWO. CREATION OF NEW SECTION 6.32.015 ACC.
That anew Section 6.32.015 ACC, relating to animal control, is created to read as
follows:
6.32.015 Do.q Leash law.
The entire City is hereby desi.qnated a do.q control zone and the followinq
sections of Chapter 11.08 Kinq 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 the words "Kinq County" shall refer
to the City and references to violations of the county code or county ordinances shall be
deemed to be references to violations of City ordinances:
11.08.010 Purpose.
11.08.020 Definitions.
11.08.030 Do.q at larqe prohibited in do.q control zones.
11.08.060 Violations - Civil penalty.
11.08.070 Severability.
SECTION THREE. GENERAL SEVERABILITY.
That if any provision of this Ordinance or the application thereof to any person or
circumstance is held to be invalid, the remainder of such code, ordinance or regulation
or the application thereof to other person or circumstances shall not be affected.
SECTION FOUR. IMPLEMENTATION.
The Mayor is hereby authorized to implement such administrative procedures as
may be necessary to carry out the directives of this legislation.
SECTION FIVE. EFFECTIVE DATE.
That this Ordinance shall be in full force and effect five (5) days after publication
of the Ordinance Summary.
INTRODUCED: JUL ! 5 2002
JUL J. ~ ~.
PASSED:
APPR~ 20~0~2
PETER B. LEWIS, MAYOR
Ordinance No. 5681
July 1, 2002
Page 2
ATTEST:
'Da'hielle E. Daskam, City Clerk
Daniel B. Heie~-it~Atto~ne~J
PUBLISHED:
Ordinance No. 5681
July 1, 2002
Page 3
DOG LEASH LAW 11.08.010 -11.08.035
11.08.010 Purpose. Under chapter 16.10 RCW, it is the intention of King County to enforce a dog
leash law in selected areas of King County. It is the intention of King County to administer a dog leash law in
conjunction with the rules and regulations of the animal care and control authority in this title. (Ord. 15801 §
41, 2007: Ord. 3548 § 1, 1978).
11.08.020 Definitions. In construing the provisions of this chapter, except where otherwise plainly
declared or clearly apparent from the context, words used in this chapter shall be given their common and
ordinary meaning; in addition, the following definitions shall apply:
A. "At large" means to be off the premises of the owner and not under the control of the owner by
leash; provided, that an animal within an automobile or other vehicle of its owner shall be deemed to be
upon the owner's premises.
B. "Lawful training" means to be engaged in training on the premises of the owner or on the land of
another person by permission, or on public land that is set aside for training or is open for hunting or
trapping; provided, that the dog is accompanied afield by the owner or trainer. A "no-shooting" area shall not
be interpreted to mean a "no-training" area.
C. "Leash" includes a cord, thong or chain not more than fifteen feet in length by which an animal is
physically controlled by the person accompanying it.
D. "Restraint." An animal is considered to be under restraint if it is maintained and remains within
the property limits of its owner or keeper. (Ord. 3732 § 3, 1978: Ord. 3548 § 2, 1978).
11.08.030 Dogs at large prohibited in dog control zones. It is unlawful for owners, residing
within a designated dog control zone, to allow their dogs to be at large or without restraint, except that this
section shall not apply where the dogs are engaged in obedience training, lawful hunting activity, lawful
competition sanctioned by a nationally recognized body or a local chapter thereof, or lawful training in
preparation for such hunting or competition, are working dogs engaged in the herding of livestock, or are
working dogs engaged in sanctioned search and rescue activities. (Ord. 11150 § 3, 1993: Ord. 3548 § 3,
1978).
11.08.035 Methods to establish dog control zones. There are two methods to establish dog
control zones:
A. By initiation of the county council pursuant to RCW 16.10; and
B. By petition pursuant to K.C.C. 11.08.040. (Ord. 10574 § 1, 1992).
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(King County 6-2007)
11.08.040 - 11.08.060 ANIMAL CONTROL
11.08.040 Petitions to create dog control zones.
A. Petitions requesting the King County council to create a dog control zone shall be submitted to
the office 4 the clerk of the council. The clerk of the council shall forward copies of the petitions and other
materials to:\,
1. Thy ffice of the councilmember in whose district the proposed zone is requested;
2. The mal care and control section of the records, elections and licensing services division;
and
3. The manage f the records, elections and licensing services division.
B. Petitions shall b ccompanied by a map and should include a legal description of the proposed
zone. In addition, the petitions uld contain:
1. The signatures, both 'tten and printed legibly, of at least ten percent of the registered voters
within the proposed zone; and
2. The popular addresses of the titioners.
C. Upon receipt of the copy of the file etition, the animal care and control section shall conduct a
comprehensive review of the enforceability of proposed boundaries and if necessary recommend
alternative boundaries to the director of the de rtment of executive services and the affected
councilmember.
D. The records, elections and licensing services divi ' n shall:
1. Determine the approximate number of registered vo s within the proposed zone;
2. Determine the number of signatures of registered voters ' the petition; and
3. Forward the conclusions regarding the number of signa res of registered voters and total
number of registered voters residing within the proposed zone to the offi of the affected councilmember
and the director of the department of executive services.
E. The executive may recommend by ordinance a proposed dog contro one to the council based
on the recommendation of the director of the department of executive services.
F. In addition to other statutory requirements, the council may cause to occur y public meetings
or notification through the local media as it considers necessary to ensure that affected citi s are aware of
the proposed ordinance to create a dog control zone.
G. If the King County council finds the formation of the petitioned area to be beneficial t e public
health, safety and general welfare, it shall establish such a dog control zone by ordinance. The coun ' shall
consider, but is not limited to considering, the location, terrain and surrounding land use of the petitio ed
area. (Ord. 15801 § 42, 2007: Ord. 14498 § 16, 2002: Ord. 3732 § 1, 1978).
[Editor's Note: § 8 of Ord. 3548, originally appearing in K.C.C 11.08.040, has been relocated in K.C.C. 11.08.090.]
11.08:860. _Violations - misdemeanor penalty. Any owner of an animal in violation of this chapter
is guilty of a misdern -?Tmr---punishable by either a fine of not more than two hundred fifty dollars or
tr days, or both. However, for the first thirty days following the
imprisonment for a term not to exee
iine,
enactment of each individual dog control zon enalty shall be assessed in those cases where a
licensed animal is maintained in violation of this chapter a-r ld ?animal care and control officer is able to
determine the owner and, if impounded, return the animal to its owne ' I from the site in which it was
impounded. (Ord. 15801 § 43, 2007: Ord. 3810 § 2, 1978: Ord. 3548 § 4, 1978 .
11.08.060 Violations - civil penalty. In addition to, or as an alternate to, any other penalty
provided in this title or by general law, any person whose animal is maintained in violation of this chapter
11-38
shall incur a civil penalty plus billable costs of the animal care and control authority. The penalty for a
violation shall be as provided in K.C.C. 11.04.035. However, for the first thirty days following the enactment
of each individual dog control zone, no penalty shall be assessed in those cases where a licensed animal is
maintained in violation of this chapter and the animal care and control officer is able to determine the owner
and, if impounded, return animal to its owner directly from the site in which it was impounded. Also, on the
thirty-first day following the enactment of each individual dog control zone and thereafter, one-half the
normal penalty shall be assessed in those cases where a licensed animal is maintained in violation of this
chapter and the animal care and control officer is unable to determine the owner and, if impounded, return
the animal to its owner directly from the site in which it was impounded. (15801 § 44, 2007: Ord. 10168 § 9,
1991: Ord. 3810 § 3, 1978: Ord. 3548 § 5, 1978).
(King County 6-2007)
DOG LEASH LAW 11.08.070 - 11.08.090
11.08.070 Severability. Should any section, subsection, paragraph, sentence, clause or phrase of
this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity
of the remaining portions of this chapter. (Ord. 3548 § 9, 1978).
.11.08.075 Dog control zone - urban areas of King County.
& , Findings. The King County council finds that the establishment of a dog control zone in King
County is n6qessary for the following reasons:
1. The, protection of dogs and other domestic animals from dogs at large or without restraint;
2. Thepreservation of private property rights from unlawful trespass by dogs at large or without
restraint;
3. The preservation, protection and maintenance of public property and public amenities such as
parks, schools and playgrounds from the waste products generated by dogs at large or without restraint;
4. The prevention of.:unintentional loss of dogs at large or without restraint due to their becoming
lost or being struck by vehicular traffic; and
5. The protection of pedestrians and bicyclists from dogs at large or without restraint.
B. Dog control zone - Established. In addition to the dog control zones already in effect under the
provisions of this chapter, there is created a dog control zone in the following zoning districts of
unincorporated King County designated urban as defined in K.C.C. 21: SE, SC, SR/RS15000, SR/RS9600,
RS7200, SR5000, RMHP, RD3600, RM2400,'RT, RM1800, RM900, RM900P, BN, BR-N, B-C, C-G, M-L,
M-P, and M-H; or as defined in K.C.C. 21A: R-1 ``through R-48, O, NB, RB, CB, and I. (Ord. 11150 § 1-2,
1993).
11.08.080 Dog control zone - Fairwood community. Under the provisions of this chapter, there
is created a dog control zone in the following described area:..,
The description for the Fairwood Community includese area bounded on the north by 140th Place
SE and the north margin of the transmission line; on the east by the extension of 164th Avenue SE which is
also the east boundary of the proposed plats of Fairwood Park 1iivision 15 and 16; on the south by the
extension of the centerline of SE 176th Street and the centerline of the ^Cedar River pipeline and bounded on
the west by 140th Avenue SE. The legal description is as follows:
LEGAL DESCRIPTION: All of Section 26, Township 23 North,nge 5 East, W.M. lying southerly
of the north margin of the Bonneville transmission line and all of the E 1/2 &,Section 27, said Township and
Range lying northerly of the centerline of the Cedar River pipeline righ{?-qf-way and southerly of the
centerline of 140th Place SE and the north margin of the Bonneville transmissid" line. (Ord. 3548 § 8(part)
(1), 1978).
11.08.090 Dog control zone - Federal Way community. Under the prov"?ions of this chapter
there is created a dog control zone in the following described areas:
A. All of King County, Washington, lying southeasterly of Puget Sound and lying westerly of the
following described line: Beginning at the westernmost corner of Lakota Division No. 2 (Volume 22/12) in
Section 1, Township 21 North, Range 3 East, W.M.; thence southeasterly along the southwesterly line of
said plat to the south line of said Section 1; thence easterly along south line to the centerline of Dumas
Avenue; thence southerly along said centerline to the centerline of State Route 509; thence southeasterly
and easterly along said centerline of State Route 509 to the centerline of 21st Avenue SW; thence southerly
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