HomeMy WebLinkAbout10-08-2012 Agenda Packet
Municipal Services Committee
October 8, 2012 - 3:30 PM
Council Conference Room
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. September 24, 2012 Minutes*
III.ACTION
A. Resolution No. 4865* (Lee)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to enter into Interlocal Agreements with Government
Agencies for the Valley Special Weapons and Tactics (VSWAT) Team to provide
VSWAT services on an "as needed" basis.
B. Resolution No. 4866* (Faber )
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
Mayor and City Clerk to enter into a contract with Brad Rude to fabricate and install
a public art piece for the replacement of a stolen artwork.
IV.DISCUSSION ITEMS
A. Police Department Inspectional Services Division (Hirman)
B. Auburn Valley Humane Society - Schedule Update* (Burke)
Review the Auburn Valley Humane Society project schedule.
C. Ordinance No. 6424 - Animal Control and Licensing* (Snyder)
Ordinance No. 6424 to amend title 6 of the Auburn City Code for Animal Control
and Licensing.
D. Resolution No.4867 - Animal Licensing Services Agreement* (Snyder)
Resolution No. 4867 Licensing with PetData Inc. for processing animal licenses.
E. Resolution No. 4868 - Fee Schedule* (Snyder)
Resolution No. 4868 Amending the Fee Schedule to incorporate Animal Licensing
Fees.
F. Matrix*
V.ADJOURNMENT
Page 1 of 81
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 2 of 81
AGENDA BILL APPROVAL FORM
Agenda Subject:
September 24, 2012 Minutes
Date:
October 2, 2012
Department:
Police
Attachments:
September 24, 2012 Minutes
Budget Impact:
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:October 8, 2012 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 3 of 81
Municipal Services Committee
September 24, 2012 - 3:30 PM
City Hall Conference Room 3
MINUTES
I. CALL TO ORDER
A. Roll Call
Members present: Chair Bill Peloza, Vice Chair Wayne Osborne,
Member Largo Wales.
Staff present: Mayor Pete Lewis, Assistant Chief of Police Bill
Pierson, Planning and Development Director Kevin Snyder, Parks,
Arts and Recreation Director Daryl Faber, Finance Director Shelley
Coleman, Construction Project Manager Steve Burke, Economic
Development Planner Bill Thomas and Police Secretary/Scribe Kathy
Divelbiss. Others present: Airport Manager Jamelle Garcia, citizen
Scot Pondelick and Auburn Reporter representative Robert Whale.
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. September 10, 2012 Minutes
Vice Chair Osborne moved to approve the minutes as presented.
Member Wales seconded the motion. Chair Peloza concurred.
MOTION PASSED: 3-0
III. RESOLUTIONS
A. Resolution No. 4859 (Faber)
A resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to enter into a contract with
Michael McLaughlin to design, fabricate, and install a Public art piece
into the design of the New Lea Hill Park.
Parks, Arts and Recreation Director Daryl Faber presented
information about Lea Hill Park and the proposed art work. Artist
Michael McLaughlin will create a bronze replica of a cow. The park is
scheduled to open in May or June of 2013. Committee discussion
followed.
Page 1 of 3
CA.B Page 4 of 81
Vice Chair Osborne moved to forward the Resolution to full Council for
consideration. Member Wales seconded the motion. Chair Peloza
concurred.
MOTION PASSED: 3-0
B. Resolution No. 4861 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a contract with Century West
Engineering Corporation for consulting services.
Finance Director Shelley Coleman introduced Economic Development
Planner Bill Thomas who answered questions about the Scope of
Work handout on the Airport Master Plan. Committee discussion
followed.
Vice Chair Osborne moved to forward to full Council for consideration.
Member Wales seconded the motion. Chair Peloza concurred.
MOTION PASSED: 3-0
IV. DISCUSSION ITEMS
A. Iron Horse Casino (Coleman)
Finance Director Shelley Coleman provided an update on the letter
from Iron Horse Casino requesting the City to consider a continuation
of the temporary reduction in the City's gaming tax structure, i.e., 4%
for two more years effective July 2012. Iron Horse is requesting to
add the tax amount due from July 1, 2012. Iron Horse proposes to
pay back taxes in the amount of $380K by Dec. 31, 2014 and will sign
a personal promissory note to the City to cover the back
taxes. Committee discussion followed. Committee supports
this financial plan moving forward.
B. Resolution No. 4857 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor and City Clerk to execute a contract with the
Auburn Food Bank.
Finance Director Shelley Coleman gave a handout to the Committee
of an example on a utility bill of "Auburn Cares" which gives citizens
the opportunity to donate with proceeds going to the Auburn Food
Bank. Committee discussion followed.
C. Cemetery Marketing Plan (Faber)
Parks, Arts and Recreation Director Daryl Faber presented an update
on the cemetery marketing plan. 60% of revenue is from within a 10
mile radius. The new advertising pamphlet was included in the
Page 2 of 3
CA.B Page 5 of 81
Agenda. Committee discussion followed.
D. City Hall Phase 1 Remodel Project Bid Results* (Snyder)
Review of September 20, 2012 bid results for City Hall Phase 1
Remodel Project.
Planning and Development Director Kevin Snyder presented a
handout to the Committee of all the bids for the City Hall remodel
project. Construction Project Manager Steve Burke explained the bids
ranged from $605,000 to $807,000. The lowest bid of $605,000 from
Lincoln Construction, Inc. is being considered and they are in the
process of checking references and continuing with the bid process.
Committee discussion followed.
E. Matrix
Change 30P - Street Median Maintenance review date to Oct. 22,
2012.
Remove from status on 20P - "Reviewed 8/13/12" and add Member
Wales will attend the Board meeting on Oct. 4th, 2012 for Auburn
Valley Humane Society
V. ADJOURNMENT
The meeting was adjourned at 4:15 p.m. The next meeting of the
Municipal Services Committee is Monday, October 8, 2012 at 3:30 p.m. in
Council Conference Room, City Hall, 25 W. Main Street, Auburn WA.
Signed this ________ day of October, 2012.
______________________ _____________________________
Bill Peloza, Chair Kathy Divelbiss, Police Secretary/Scribe
Page 3 of 3
CA.B Page 6 of 81
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4865
Date:
October 2, 2012
Department:
Police
Attachments:
Resolution No. 4865
Valley SWAT ILA
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:Lee
Meeting Date:October 8, 2012 Item Number:ACT.A
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 7 of 81
----------------------------
Resolution No.
10/01/12
Page 1 of 3
RESOLUTION NO. 4865
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO ENTER INTO
INTERLOCAL AGREEMENTS WITH GOVERNMENT
AGENCIES FOR THE VALLEY SPECIAL WEAPONS
AND TACTICS (VSWAT) TEAM TO PROVIDE
VSWAT SERVICES ON AN “AS NEEDED” BASIS.
WHEREAS, political subdivisions of the state are authorized by the
Interlocal Cooperation Act, RCW 39.34, to enter into interlocal agreements; and
WHEREAS, the municipalities of Auburn, Federal Way, Kent, Renton,
Tukwila, and the Port of Seattle (hereinafter “participating agencies”) have, by
Interlocal Agreement, formed a multi-jurisdictional team, known as the Valley
Special Weapons and Tactics Team (hereinafter “VSWAT”) to respond to high
risk criminal occurrences; and
WHEREAS, the Mutual Aid Peace Officers Powers Act, RCW 10.93,
allows for the provision of mutual aid by and between law enforcement agencies;
and
WHEREAS, there are numerous jurisdictions in King County that are not
participants in the VSWAT and that do not have the resources to form a SWAT
team but do, from time to time, require such specially trained personnel to
address a law enforcement need in the non-participating jurisdiction; and
WHEREAS, the police chiefs of the participating agencies have formed an
Operations Board to oversee the operations of the VSWAT; and
ACT.A Page 8 of 81
----------------------------
Resolution No.
10/01/12
Page 2 of 3
WHEREAS, the VSWAT has provided assistance to non-participating
jurisdictions pursuant to the Mutual Aid Peace Officers Powers Act, RCW 10.93,
without any written agreement with the requesting jurisdiction ; and
WHEREAS, the VSWAT Operations Board has determined that as these
requests become more frequent, and before aid is provided to any non-
participating jurisdiction, there should be a written agreement with any non-
participating jurisdiction regarding the provision of aid by the VSWAT,
establishing the rights, duties, and responsibilities of the agencies in their
dealings with each other; and
WHEREAS, the legislative bodies of the participating agencies have
reviewed and approved the form of agreement attached hereto as Exhibit A,
which sets out the standards to be observed when deciding whether to render
aid; and
WHEREAS, the VSWAT Operations Board will adhere to the standards
set out in Exhibit A, there is no need to return to the City Council for approval of
any agreement that is, in form and substance, consistent with Exhibit A; and
WHEREAS, it is necessary to document the terms and conditions of
Interlocal Agreements between agencies;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council adopts the recitals set forth above.
Section 2. The Mayor and City Clerk are hereby authorized to enter into
Interlocal Agreements between the City of Auburn and agencies requesting the
ACT.A Page 9 of 81
----------------------------
Resolution No.
10/01/12
Page 3 of 3
services of the Valley Special Weapons and Tactics team, to establish the terms
that will govern the rights, duties, and responsibilities of the agencies in their
dealings with each other as regards to the provision of the services by the Valley
Special Weapons and Tactics team to those jurisdictions that are not participants
in the Valley Special Weapons and Tactics team.
Section 3. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation.
Section 4. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2012.
CITY OF AUBURN
________________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
ACT.A Page 10 of 81
VSWAT ILA for non participating agency Page 1 of 7
INTERLOCAL AGREEMENT FOR SERVICES OF
VALLEY SPECIAL WEAPONS AND TACTICS TEAM TO ______________(NON-
PARTICIPATING JURISDICTION)
THIS INTERLOCAL AGREEMENT is effective upon the date executed by all
parties. In consideration of the mutual covenants below, the parties agree as follows:
1. PARTIES. The parties to this Agreement are ________(non-participating
jurisdiction), a political subdivision of the State of Washington, and the municipalities of
Auburn, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation, and
the Port of Seattle, a port district, operating under the laws of the State of Washington.
2. AUTHORITY. This Agreement is entered into pursuant to Chapters 10.93
(Washington mutual aid peace officers powers act) and 39.34 (Interlocal Cooperation Act) of the
Revised Code of Washington.
3. PURPOSE. The (non-participating jurisdiction) does not
participate in the Valley Special Weapons and Tactics Team (“VSWAT”), but desires to have the
VSWAT available to respond to serious criminal occurrences in its jurisdiction, if necessary.
Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, have previously executed
an interlocal agreement to organize and operate the VSWAT and might agree to allow the
VSWAT to assist the (non-participating jurisdiction) under certain
circumstances. This Agreement is intended to reflect the applicable terms and conditions
between the parties if the VSWAT's services are provided to the (non-
participating jurisdiction).
4. DURATION AND TERMINATION. The term of this Agreement shall be
effective through December 31, 2012. This Agreement shall automatically extend for
consecutive one (1) year terms, unless earlier terminated pursuant to the terms of this
Agreement.
Any party to this Agreement may terminate this Agreement by providing written notice
of its intent to terminate to all other parties. A notice of termination shall become effective thirty
(30) days after service of the notice on the contract representatives, set forth below, for all other
parties.
In the event that a party does not generally and consistently comply with the
commitments outlined in this Agreement, the issue will be presented to the VSWAT Operations
Board for final resolution. Remedies may include establishing a timeline for compliance, a
temporary reduction in involvement for a prescribed period of time, or termination of the
Agreement.
5. REQUEST FOR ASSISTANCE. The Chief of Police for (non-
participating jurisdiction) or any commissioned officer who is expressly authorized herein may
request the assistance and services of the VSWAT. Such request shall be directed to the Lead
VSWAT Commaner. The VSWAT may or may not agree to provide its services, at the sole
discretion of the Lead VSWAT Commander. The Lead VSWAT Commander may refer to the
ACT.A Page 11 of 81
VSWAT ILA for non participating agency Page 2 of 7
Callout Criteria of the Valley SWAT Team Policy Manual and any other relevant considerations
when deciding whether to provide the services of the VSWAT. Nothing in this Agreement shall
be deemed to obligate Auburn, Federal Way, Kent, Renton, Tukwila, or the Port of Seattle, to
make their members of the VSWAT available to the (non-participating
jurisdiction).
(name & rank or position) or (name & rank or position) is
authorized to request VSWAT assistance on behalf of (non-participating
jurisdiction).
6. CHAIN OF COMMAND. If the request for assistance and services are
granted, the (non-participating jurisdiction) representative shall notify the
Lead VSWAT Commander of the identity of a command level officer from the
(non-participating jurisdiction) who shall act as the Incident Commander for the (non-
participating jurisdiction) (hereinafter “Incident Commander”). The Incident Commander for
(non-participating jurisdiction) shall assume overall command and responsibility
for the incident. The Incident Commander shall establish a command post outside the inner
perimeter away from the suspect's line of sight and fire. The Incident Commander shall consult
with the VSWAT Tactical Commander and evaluate the tactical options presented by the
VSWAT Tactical Commander. Once the Incident Commander has authorized a tactical plan to
accomplish the mission, the VSWAT Tactical Commander assumes command with respect to the
implementation of the plan. If the Incident Commander and VSWAT Tactical Commander
cannot agree on a tactical plan, the VSWAT shall leave the scene. (non-
participating jurisdiction) shall then handle the situation with its own resources.
7. VSWAT OPERATIONS. If the VSWAT's services are provided to the
(non-participating jurisdiction) the team will generally operate in accordance
with the Valley SWAT Team Policy Manual, with any modifications deemed appropriate by the
VSWAT Tactical Commander for the circumstances.
8. COMPENSATION. (non-participating jurisdiction)
agrees to reimburse the other parties to this Agreement for all reasonable and necessary costs
incurred in connection with the provision of services by the VSWAT as a result of the VSWAT
call-out to the (non-participating jurisdiction) including, but not limited
to, the cost of repairing or replacing any property, and all incidental expenses incurred by the
VSWAT team members in providing services pursuant to the request for services by
(non-participating jurisdiction).
9. ACCEPTANCE OF LIABILITY BY (non-
participating jurisdiction). (non-participating jurisdiction) agrees that any
liability or claim arising out of the actions or inactions of the members of the VSWAT acting
within the course and scope of their duties when the VSWAT provides services at the request of
(non-participating jurisdiction) shall be the responsibility of (non-
participating jurisdiction) . This provision is intended to expressly allocate liability by written
agreement as authorized by RCW 10.93.040 and is controlling over the default liability
ACT.A Page 12 of 81
VSWAT ILA for non participating agency Page 3 of 7
allocation set forth in RCW 10.93.040. This provision is not intended to require indemnification
or payment of any judgment against any individual or party for intentional wrongful conduct
outside the scope of employment of any member of the VSWAT or of any judgment for punitive
damages against a VSWAT member or party to this Agreement. Payment of punitive damages,
if any, shall be the sole responsibility of the individual against whom said judgment is rendered
and/or his or her employer if that employer elects to make said payment.
In furtherance of the above provision, (non-participating
jurisdiction) agrees to hold harmless, indemnify, and defend, with counsel reasonably
acceptable to the other parties and any named officers, the other parties to this Agreement and
their officers, officials and employees from any loss, claim or liability arising from or out of any
alleged or actual negligent tortious actions or inactions of the VSWAT, its members and
supervisors, that might occur or allegedly occur while (non-participating
jurisdiction) receives the assistance of VSWAT within its jurisdiction.
In the event that a claim or lawsuit is brought against a party or its employee(s) for
actions arising out of their conduct in the operation of the VSWAT, such party shall promptly
notify the other parties that said claim or lawsuit has been filed or commenced.
The parties to this Agreement and their respective legal counsel shall, to the extent
reasonably possible and consistent with the best interests of their respective clients, cooperate
with the defense of any lawsuit arising out of the operations of the VSWAT; provided this
cooperation does not require the parties to share any out of pocket litigation costs. Said costs
will be the responsibility of (non-participating jurisdiction).
Upon request by another party, each party shall disclose to the other parties the terms of
their respective liability insurance policies to allow for coordination of coverage. The consent of
any liability insurance carrier or self-insured pool or organization is not required to make this
Agreement effective between the parties, and the failure of any insurance carrier or self-insured
pooling organization to agree to follow the terms of this Agreement on liability allocation shall
not relieve any party from its obligations under this agreement.
10. INTERLOCAL COOPERATION ACT PROVISIONS. No special budget or
funds are anticipated, nor shall any be created. It is not intended that a separate legal entity be
established to conduct this cooperative undertaking, nor is there any acquisition, holding, or
disposal of real or personal property other than as specifically provided within the terms of this
Agreement.
Upon execution hereof, this Agreement shall be filed with the city clerks of the respective
participating municipalities, and such other governmental agencies as may be required by law.
11. AUTHORIZATION TO ENFORCE LAWS. While this agreement is entered
pursuant to Chapter 39.34 RCW entitled, “Interlocal Cooperation Act,” this agreement shall,
pursuant to RCW 10.93.070(1), also constitute the prior written consent of the sheriff or chief of
police of each participating agency for the purposes of authorizing officers of VSWAT to
enforce the laws of this state within their respective jurisdictions, and to that end, the sheriff or
ACT.A Page 13 of 81
VSWAT ILA for non participating agency Page 4 of 7
police chief of each participating agency consents to the full exercise of peace officer powers
within his or her jurisdiction by any properly certificated or exempt officer engaged in VSWAT
related activities.
12. DISPUTE RESOLUTION. For the purpose of this Agreement, time is of the
essence. Should any dispute arise concerning the enforcement, breach or interpretation of this
Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event
the dispute is not resolved, it shall be resolved by binding arbitration pursuant to RCW 7.04A, as
amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be placed in King
County, Washington and the laws of the State of Washington shall apply.
13. AUTHORIZATIONS. By signing below, the signor certifies that he or she has
the authority to sign this Agreement on behalf of the party, and the party agrees to the terms of
this Agreement. This Agreement shall be executed pursuant to an appropriate resolution or
ordinance of the governing body of each jurisdiction, where necessary.
14. CONTRACT REPRESENTATIVES. Each party shall have a contract
representative. Each party may change its representative upon providing written notice to the
other party. The parties' representatives are as follows:
Port of Seattle: Chief Colleen Wilson, or her successor
City of Auburn: Chief Bob Lee, or his successor
City of Federal Way: Chief Brian Wilson, or his successor
City of Kent: Chief Ken Thomas, or his successor
City of Renton: Chief Kevin Milosevich, or his successor
City of Tukwila: Chief Mike Villa, or his successor
Chief _______ or his/her successor
(non-participating jurisdiction)
15. ENTIRE AGREEMENT. The parties agree that this Agreement is the complete
expression of its terms and conditions. Any oral or written representations or understandings not
incorporated in this Agreement are specifically excluded.
16. SEVERABILITY. If any part, paragraph, section or provision of this Agreement
is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the
validity of any remaining section, part, or provision of this Agreement.
17. SIGNED COUNTERPARTS. This Agreement may be executed by
counterparts and be valid as if each authorized representative had signed the original document.
18. EFFECTIVE DATE. This Agreement shall be deemed effective upon the last
date of execution by the last authorized representative.
ACT.A Page 14 of 81
VSWAT ILA for non participating agency Page 5 of 7
PORT OF SEATTLE
____________________________________ Date: _______________________
Chief Colleen Wilson
____________________________________ Date: _______________________
Tay Yoshitani, Executive Director
Attest: Approved as to Legal Form:
____________________________________ ____________________________
By:_________________________________ Paul Bintinger, Port Counsel
CITY OF AUBURN
_______________________________________ Date: _______________________
Bob Lee, Chief of Police
____________________________________ Date: _______________________
Peter B. Lewis, Mayor
Attest: Approved as to Form:
____________________________________ ____________________________
Danielle Daskam, City Clerk Daniel B. Heid, City Attorney
CITY OF FEDERAL WAY
____________________________________ Date: _______________________
Brian J. Wilson, Chief of Police
____________________________________ Date: _______________________
Skip Priest , Mayor
Attest: Approved as to Form:
____________________________________ ____________________________
By:_________________________________ Patricia Richardson, City Attorney
CITY OF KENT
_______________________________________ Date: _______________________
ACT.A Page 15 of 81
VSWAT ILA for non participating agency Page 6 of 7
Ken Thomas, Chief of Police
____________________________________ Date: _______________________
Suzette Cooke, Mayor
Attest: Approved as to Form:
____________________________________ ____________________________
By:_________________________________ Pat Fitzpatrick, Deputy City Attorney
CITY OF RENTON
____________________________________ Date: _______________________
Chief Kevin Milosevich
____________________________________ Date: _______________________
Denis Law, Mayor
Attest: Approved as to Form:
____________________________________ ____________________________
By: Bonnie Walton, City Clerk Zanetta L. Fontes, Sr. Ass’t City Attorney
CITY OF TUKWILA
_______________________________________ Date: _______________________
Mike Villa, Chief of Police
____________________________________ Date: _______________________
Jim Haggerton, Mayor
Attest: Approved as to Form:
____________________________________ ____________________________
By: ____________, City Clerk _____________, City Attorney
CITY OF ______________
_______________________________________ Date: _______________________
______________________, Chief of Police
ACT.A Page 16 of 81
VSWAT ILA for non participating agency Page 7 of 7
____________________________________ Date: _______________________
_________________, Mayor/City Manager
Attest: Approved as to Legal Form:
____________________________________ ____________________________
By:_________________________________ _____________, Counsel for ____________
ACT.A Page 17 of 81
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4866
Date:
October 2, 2012
Department:
Parks/Art and Recreation
Attachments:
Contract
Resolution No. 4866
Budget Impact:
$30,000 (fully insured)
Administrative Recommendation:
City Council approve Resolution 4866
Background Summary:
In August 2012, 'The Long Look', a bronze sculpture located at Centennial Park was
vandalized and stolen. The City desires to contract with artist to repair, re-build and install a
similar artwork. The artist, Brad Rude, created this artwork in 1992 and has found the original
mold for the deer. The sculpture will be recast with additional security considerations and
reclaim its perch atop the log at the park and its watch over the valley floor by Summer 2013.
Additional security measures that will be taken to protect "The Long Look"
The artwork will be re-sited within the park to be more visible from the street. An initial
location has been identified, but will consult with Police and Parks for the final location
The bronze itself will have an internal frame running through the legs and narrow areas
that will make it extremely difficult to saw
A light will be installed in proximity to the sculpture for night time illumination
Staff is looking into the possibility of installing a GPS tracker within the bronze cavity, so
it could be tracked if there is a future occurrence
Reviewed by Council Committees:
Municipal Services, Planning And Community Development Other: Arts Commission
Councilmember:Peloza Staff:Faber
Meeting Date:October 8, 2012 Item Number:ACT.B
AUBURN * MORE THAN YOU IMAGINEDACT.B Page 18 of 81
Resolution XXX – Michael McLaughlin
Agreement for Public Art – Lea Hill Park
Page 1 of 6
AGREEMENT FOR ARTWORK
This Agreement is made and entered into this _____ day of __________, by and between the City of Auburn,
Washington, a municipal corporation of the State of Washington (“City”) and Brad Rude, whose address is 7852 Mill
Creek road, Walla Walla, WA 99362 herein referred to as “ARTIST”.
WHEREAS, the City desires to contract with Artist to repair, re-build and install artwork (“Work”) for the
Centennial Park and
WHEREAS, the Artist was commissioned in 1992 for the creation of The Long Look which was stolen and the
City seeks to replace the sculpture with like work
NOW THEREFORE THE CITY AND THE ARTIST IN CONSIDERATION OF THE CONDITIONS AND
COVENANTS HEREIN DO AGREE AS FOLLOWS:
I. ARTICLE 1. SCOPE OF SERVICE
1.1 GENERAL
The Artist shall, in consultation with Auburn Parks, Arts & Recreation Staff and Auburn Arts
Commission. The artist is expected to coordinate the design, fabrication and installation with the site
project team and the Auburn Parks, Arts & Recreation and Auburn Arts Commission.
The Artist shall be responsible for all services and shall furnish all supplies, material, and equipment
as necessary for the design, execution, fabrication, transportation and installation of the Work at the
Site.
The Artist shall be responsible for the pick-up of the remaining parts of the original sculpture that
were not taken.
.
1.2 EXECUTION OF WORK
The Artist shall approach the project accordance with the approved model and/or drawings provided,
which will be recommended by the City of Auburn Arts Commission for approval by the Auburn City
Council.
A. The Artist shall provide all labor and materials necessary to:
1. Produce and complete a finished work of art;
2. Deliver the artwork;
3. Install the artwork in accordance with the agreed upon schedule
B. The Artist will seek out regular updates from the City on deadline relevant to the art project.
C. The City shall have the right to review the Work at reasonable times during fabrication
D. The Work shall be completed and installed at the site in compliance with City codes and with
approved Work installation scheduled by the City.
1.4 DELIVERY AND INSTALLATION
A. The Artist shall deliver and install the completed Work at the site in compliance with the
schedule set forth by mutual agreement by the City and the Artist.
B. The City shall approve installation plans presented by the Artist prior to installation
C. Site installation shall be prepared by the City per Artist specifications
D. During installation, the artist shall secure the Site and ensure the safety of the public and the
Work. The City shall determine when installation is complete and shall inspect Site during
installation.
1.5 POST-INSTALLATION
ACT.B Page 19 of 81
Resolution XXX – Brad Rude
Agreement for Public Art – The Long Look
Page 2 of 6
A. The City will provide photo documentation of the Work for City files. The City will provide a
copy of this documentation to the Artist.
B. The Artist shall be available at such time or times as may be agreed between the City and the
Artist to participate any presentation ceremonies relating to the transfer of the Work to the City.
The City shall use its best efforts to arrange for publicity for the completed Work.
C. Upon installation of the Work, the Artist shall provide to the City written instructions for
appropriate maintenance and preservation of the Work.
1.6 FINAL ACCEPTANCE
A. The Artist shall advise the City in writing when all services required have been completed in
substantial conformity as presented to the Public Art Subcommittee.
B. The City shall notify the Artist in writing of its final acceptance of the Work.
1.7 RISK OF LOSS
The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the
Artist shall take such measures as are necessary to protect the Work from loss or damage until final
acceptance, including any protective measures necessary to prevent damage to the Work during
construction of the Center.
1.8 INDEMNIFICATION
The Artist agrees to indemnify, defend, and hold the City, its agents, representatives, and employees
harmless from and against any and all claims, causes of action or demands or any form of liability of
any nature arising out of the performance of the Work and the obligations contained in this
Agreement on the part of the Artist, the Artist’s agents, representatives, and employees except where
such claims arise solely from the negligent acts of the City, its agents, representatives, or employees.
1.9 TITLE
Title to the Work shall pass to the City upon final acceptance.
1.10 OWNERSHIP OF DOCUMENTS, MODELS
Upon final acceptance of the Work, all studies, drawings, designs, and models prepared and submitted
under this Agreement shall be returned to the Artist and shall belong to the Artist.
1.11 INSURANCE
The Artist agrees to obtain, and maintain during the term of this agreement comprehensive liability
insurance in minimum amounts of not less than ONE MILLION DOLLARS ($1,000,000) per
occurrence to protect the City, its agents, officers, and employees from any claims by any person for
damage to persons or property arising out of or resulting from the Artist’s performance under this
Agreement. The insurance policy shall name the City OF AUBURN as additionally insured. The
policy shall require a minimum of thirty (30) days prior written notice to the City of any cancellation
or expiration of the policy or any modification of any provisions of the policy. The Artist shall be
required to provide a Certificate of Insurance to the City prior to commencing performance under the
terms of this Agreement.
1.12 INDEPENDENT CONTRACTOR/ASSIGNMENT
The parties agree and understand that the Artist is an independent contractor and not the agent or
employee of the City and that no liability shall attach to the City by reason of entering into this
Agreement except as otherwise provided herein. The parties agree that this Agreement may not be
assigned in whole or in part without the written consent of the City.
ARTICLE 2. COMPENSATION AND PAYMENT SCHEDULE
2.1 FEE
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Resolution XXX – Brad Rude
Agreement for Public Art – The Long Look
Page 3 of 6
The City shall pay the Artist for satisfactory completion of the artwork in the total fixed amount of
$30,000.00 (thirty thousand and no/100 U.S. Dollars) which shall constitute full compensation for all
services, engineering permits and materials to be performed and furnished by the Artist under this
Agreement. All fees shall be paid in accordance with standard City business practices. At each
fee/fabrication Phase outlined above, the Artist will submit a brief written report and invoice the City
at that time.
2.2 PAYMENT
The first payment of 1/3 of $30,000. ($10,000.00) will be paid by the City to the Artist upon signing
this Agreement. The second payment of 1/3 of $30,000 ($10,000.00) will be paid by the City to the
Artist upon completion of fabrication. The final payment of the remaining 1/3 of $30,000
($10,000.00) shall be made to Artist no later than ten (10) days after the delivery and installation as
specified in this Agreement by Artist.
2.2 TAXES
The Artist is responsible for payment of all local, state, and federal taxes, which may be due from the
Work as a result of performance under this contract. Artist understand that taxes are included in the
agreed upon fee set forth in Article 2.1.
2.3 ARTIST EXPENSES
The Artist shall be responsible for the payment of all shipping charges, the costs of transporting the
Work to the Site, the costs of all travel by the Artist and the Artist’s agents and employees necessary
for the proper performance of the services required under this Agreement, and all other expenses
related to the performance of this Agreement.
ARTICLE 3. TIME OF PERFORMANCE
3.1 DURATION
The services to be required of the Artist shall be completed by September 2013.
ARTICLE 4. WARRANTIES
4.1 WARRANTIES OF TITLE
The Artist represents and warrants that: (a) the Work is solely the result of the Artistic effort of the
Artist; (b) except as otherwise disclosed in writing to the City, the Work is unique and original and does
not infringe upon any copyright; (c) the Work has not, or a duplicate thereof has not, been accepted for
sale elsewhere; and (d) the Work is free and clear of any liens from any source whatever.
4.2 WARRANTIES OF QUALITY AND CONDITION
The Artist represents and warrants, except as otherwise disclosed to the City in writing and in
connection with submission of the Proposal, that the execution and fabrication of the Work will be
performed in a workmanlike manner; and the Work as fabricated and installed, will be free of defects
in material and workmanship; and reasonable maintenance of the Work will not require procedures
substantially in excess of those described in the maintenance recommendations to be submitted by the
Artist. The warranties described in this section shall survive for a period of three (3) years after the
final acceptance of the Work. The City shall give notice to the Artist of any observed breach with
reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure
reasonably and promptly the breach of any such warranty which is curable by the Artist and which
cure is consistent with professional conservation standards.
ARTICLE 5. REPRODUCTION RIGHTS
5.1 GENERAL
The Artist retains all rights under the Copyright Act of 1976 and all other rights in and to the Work
except ownership and possession and except as such rights are limited by this Section. In view of the
ACT.B Page 21 of 81
Resolution XXX – Brad Rude
Agreement for Public Art – The Long Look
Page 4 of 6
intention that the Work in its final dimension shall be unique, the Artist shall not make any additional
exact duplicate, three-dimensional reproductions of the final Work nor shall the Artist grant
permission to others to do so except with the written permission of the City. The Artist grants to the
City and its assigns an irrevocable license to make representative photographic reproductions of the
Work for non-commercial purposes, including but not limited to reproductions used in brochures,
media publicity, note cards, and catalogues or other similar publications, provided that these rights are
exercised in a manner which depicts the integrity of the Work.
5.2 NOTICE
All reproductions by the City shall contain a credit to the Artist in the following form: “Title,”
“year”, “Artist”.
5.3 CREDIT TO THE CITY
The Artist shall use his best efforts to give a credit reading substantially, “An original Work owned
and commissioned by the City of Auburn, Washington” in any public showing under the Artist’
control of the reproductions of the Work.
ARTICLE 6. ARTIST’S RIGHTS
6.1 IDENTIFICATION
The City will provide a plaque(s) to be delivered to the Artist prior to installation. The Artist shall
provide to the City, for review and approval, specified plaque dimensions six (6) weeks prior to the
installation. The plaque identifying the work as outlined in Article 5.2 shall be installed by the City.
6.2 MAINTENANCE
The City recognizes that maintenance of the Work on a regular basis is essential to the integrity of the
Work. The City shall make reasonable efforts to assure that the Work is properly maintained and
protected, taking into account the instructions of the Artist provided in the maintenance agreement
and shall make reasonable efforts to protect and maintain the Work against the ravages of time,
vandalism, and the elements.
6.3 REPAIRS AND RESTORATION
The City shall have the right to determine when and if repairs and restorations to the Work will be
made. The Artist shall not unreasonably withhold approval for any repair or restoration of the Work.
If the Artist unreasonably fails to approve any repair or restoration, the City shall have the right to
make such repair or restoration.
6.4 DEACCESSIONING OF THE WORK
In the circumstance where a commissioned artwork is physically part of the building or landscape and
it is not an independent object(s) that can be safely removed, the City may require the Artist to waive
VARA (Visual Artists Rights Act of 1990) in regards only to the destruction of the artwork. Prior to
the destruction of the artwork, the City will attempt to contact the Artist and secure the situation. In
the event that the remodeling of the building or landscape destroys part of the artwork, the City will
de-access the artwork and, at the request of the Artist, remove any attribution to the Artist. The City
reserves the right to
de-access artwork under the following conditions:
A. The Site or landscape is structurally or otherwise altered and can no longer accommodate the
Work,
B. The portion of the Site or landscape in which the Work is located is made publicly
inaccessible as a result of new construction, demolition, or security enhancement, or has its
surrounding environment altered in a way that significantly and adversely impacts the Work.
C. The Site is sold or acquired by an entity other than City of Auburn.
D. There is a documented history of incident(s) that shows the Work is a threat to public safety.
ACT.B Page 22 of 81
Resolution XXX – Brad Rude
Agreement for Public Art – The Long Look
Page 5 of 6
6.5 PERMANENT RECORD
The City shall maintain on permanent file a record of this Agreement and of the location and
disposition of the Work.
6.6 ARTIST ADDRESS
The Artist shall notify the City of changes in his/her address. The failure to do so within 30 days of
said change, if such failure prevents the City from locating or notifying the Artist where required
under the terms of this Agreement, shall be deemed a waiver by the Artist of the right subsequently to
enforce those provisions of this Article 6 that require the express approval of the Artist.
ARTICLE 7. NON-DISCRIMINATION
The Artist shall comply with all federal, state, and local laws and ordinances prohibiting discrimination and
employment with regard to age, sex, race, color, creed, national origin, or physical, mental handicap.
ARTICLE 8. NOTICES
Any notice required or permitted under this Agreement may be personally served or given in writing and shall
be deemed sufficiently given or served if sent by registered or certified mail addressed to the respective parties
as follows
Auburn Arts Commission
City of Auburn
Parks, Arts & Recreation
910 Ninth Street SE
Auburn, WA 98002
Telephone” 253-931-3043
Brad Rude
7852 Mill Creek Road
Walla Walla, WA 99362
brad@bradrude.com
509-520-3098 (cell)
509-525-0240 (home)
Either party may, by like notice at any time, designate a different address to which notices shall be sent.
Notice in accordance with these provisions shall be deemed received when mailed.
ARTICLE 9. TERMINATION
Either party may terminate this Agreement upon written notice to the other party if the other party fails
substantially to perform in accordance with the terms of this Agreement through no fault of the party
terminating the Agreement.
In the event of default by the City, the City shall promptly compensate the Artist for all services performed by
the Artist prior to termination. In the event of default by the Artist, all finished and unfinished drawings,
sketches, photographs, models, and other work products under this Agreement shall become the City’s
property. The City shall compensate the Artist for all work as performed prior to termination.
Notwithstanding, the Artist shall not be relieved of liability to the City for damages sustained by the City by
virtue of any breach of this Agreement by the Artist and the City may reasonably withhold payments to the
Artist until such time as the exact amount of such damages due the City from the Artist is determined.
ARTICLE 10. GENERAL PROVISIONS
10.1 ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties and may not be changed or
modified nor any provision hereof waived except in writing agreed to by both parties.
10.2 APPLICABLE LAW
ACT.B Page 23 of 81
Resolution XXX – Brad Rude
Agreement for Public Art – The Long Look
Page 6 of 6
This Agreement and the rights of the parties hereunder shall be governed by the interpreted in
accordance with the laws of the State of Washington and venue for any action hereunder shall be in
King County, Washington. This Agreement shall be construed in accordance with any and all
questions with respect hereto shall be determined by the laws of the State of Washington.
10.3 COSTS TO PREVAILING PARTY
In the event of such litigation or other legal action, to enforce any rights, responsibilities or
obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs
and attorney’s fees.
10.4 COMPLIANCE WITH APPLICABLE LAWS
In the performance of the Work, the Artist agrees to comply with all applicable state and local laws,
rules, and regulations.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
ARTIST
______________________________________
Brad Rude
Tax #:___________________________
ACT.B Page 24 of 81
- - - - - - -
Resolution No. 4866
October 2, 2012
Page 1
RESOLUTION NO. 4866
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO ENTER INTO A CONTRACT WITH BRAD RUDE
TO FABRICATE, AND INSTALL A PUBLIC ART PIECE FOR THE
REPLACEMENT OF A STOLEN ARTWORK
WHEREAS, the City desires to contract with Artist to repair, re-build and install
artwork (“Work”) for the Centennial Park and
WHEREAS, the Artist was commissioned in 1992 for the creation of ‘The Long
Look’ which was stolen and the City seeks to replace the sculpture with like work
NOW, THEREFORE, THE CITY COUNCIL OF AUBURN, WASHINGTON,
HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn is hereby authorized to enter into an
agreement with Brad Rude to fabricate, and install the public art work, in substantial
conformity with the agreement attached hereto and designated as Exhibit “A”, and
incorporated by reference in this resolution.
Section 2. The Mayor is further authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation
Section 3. This resolution shall be in full force and effect upon passage and
signatures hereon.
ACT.B Page 25 of 81
- - - - - - -
Resolution No. 4866
October 2, 2012
Page 2
SIGNED and DATED this ______ day of October, 2012.
CITY OF AUBURN
________________________________
PETER B. LEWIS, MAYOR
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
___________________________
Daniel B. Heid, City Attorney
ACT.B Page 26 of 81
AGENDA BILL APPROVAL FORM
Agenda Subject:
Auburn Valley Humane Society - Schedule Update
Date:
October 3, 2012
Department:
Planning and Development
Attachments:
Memorandum
AVHS Schedule Review #9
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Other: Planning Department
Councilmember:Peloza Staff:Burke
Meeting Date:October 8, 2012 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 27 of 81
Memorandum
TTTTo:o:o:o: Councilmember Bill Peloza, Chair, Planning and Municipal Services Committee
Councilmember Wayne Osborne, Vice- Chair, Municipal Services Committee
Councilmember Largo Wales, Member, Planning and Community Development
Committee
From:From:From:From: Steven Burke, Construction Project Mgr. / Kevin Snyder, AICP, Director of
Planning and Development
cc:cc:cc:cc: Mayor Pete Lewis
Date:Date:Date:Date: October 3, 2012
Re:Re:Re:Re: Auburn Valley Humane Society – Schedule Update #4
________________________________________________________________________________
Schedule changes:
Task 29: Software Contract complete & approved. Extend to 11/01/12.
Task 31: Request KC Licensing Data Part 2. Remove from Schedule.
Task 42: Animal Control Officer recruitment. Extend to 11/01/12.
Site Development:
Site development is approx 90% complete. Tasks are on schedule.
Tenant Improvement:
Tenant Improvement is complete.
Operating Agreements:
Current work includes Pet Data software coordination and updating the Auburn
Animal Control Code. Extend software contract completion & approval 30 days.
Extension falls within total project duration. Remove Task 31 from schedule. KC
Licensing Data will be obtained in one batch.
Animal Control Officer:
Purchase of the Animal Control Officer’s vehicle and equipment is complete. The
Animal Control Officer job description has been written and the recruitment phase has
begun. Extend Animal Control Officer recruitment 30 days to increase suitable
applicants. Extension falls within total project duration.
Roof Replacement:
Roof replacement is complete.
DI.B Page 28 of 81
DI.B Page 29 of 81
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6424 - Animal Control and Licensing
Date:
October 2, 2012
Department:
Planning and Development
Attachments:
Memo
Ordinance
Budget Impact:
$0
Administrative Recommendation:
For discussion.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Snyder
Meeting Date:October 8, 2012 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 30 of 81
Memorandum
TO: Councilmember Bill Peloza, Chair, Municipal Services Committee
Councilmember Wayne Osborne, Vice-Chair, Municipal Services Committee
Councilmember Largo Wales, Municipal Services Committee
FROM: William Pierson, Assistant Police Chief, Police Department
Kevin Snyder, AICP, Director, Planning & Development Department
Steven Gross, Assistant City Attorney, City Attorney’s Office
CC: Mayor Lewis
DATE: October 3, 2012
SUBJECT: INFORMATION & DISCUSSION: Ordinance No. 6424 – Amendments to Title 6
(Animals) Pertaining to Animal Control and Animal Licenses
The City of Auburn will be taking over animal control and licensing services from King County
effective January 1, 2013. Pursuant to an Interlocal Agreement previously authorized by Council’s
adoption of Resolution No. 4602, the City currently contracts with King County for animal control
services. As required by that contract, the City adopted portions of Title 11 of the King County Code
related to Animal Control. Beginning in 2013, the City is no longer required to adopt King County’s
animal control code. While the Council could choose to continue to adopt the County’s Code, staff
believes it is more efficient and beneficial to revise existing portions of the City’s Code and adding,
where necessary, new language.
Staff from Police, City Attorney’s Office and Planning and Development have worked together to
develop recommended changes to Title 6 (Animals) of the Auburn City Code that are contained
within attached draft Ordinance No. 6424 (Exhibit A). These changes address regulations,
standards and procedures for animal control and animal licensing by the City of Auburn. Please
note that the ordinance is draft and there are some remaining areas of the Ordinance that will need
to be completed; however, staff wanted to bring the ordinance forward to the Committee now to
start getting its feedback and direction. Remaining elements of the Ordinance will be completed
following staff’s conversations with the Committee and/other Council Committees.
Staff’s proposed amendments to Title 6 along with any additional changes identified by City Council
need to be in effect prior to January 1, 2013.
Staff from Police, City Attorney’s Office and Planning and Development will be in attendance at the
Committee’s October 8th meeting to discuss and answer questions regarding the proposed
amendments to Title 6. To assist the Committee in its preparation for this discussion, staff has
prepared the following summary of key changes:
DI.C Page 31 of 81
2
Table 1 - Summary of Key Changes:
No. Current
Code
Subject Disposition
1 6.32.010 Adopting King
County Code
Repealed. Not needed because the City
is adopting its own updated code.
2 6.32.015 Leash Law Moved to new Code Sections 6.02.010 –
.030, .050
3 6.32.020 Publishing
requirement
Repealed. The requirement for
publication does not need to be codified.
4 6.32.030 Police Dogs Moved to new Section 6.02.135
5 Ch. 6.35 Dangerous Dogs Definitions will be copied or moved to
Section 6.02.010, and Section 6.35.010
will be deleted.
6 Ch. 6.20 Mistreatment of
Animals
Repealed. This chapter is a holdover from
the 1957 codification. Updated provisions
can be found in RCW 16.52. Those
provisions will be included in new Section
6.01.150
7 Ch. 9.12 Crimes Repealed. Adopted state laws will be
moved to new Section 6.01.150.
8 8.20.010(C) Animal Noise No change - Cross-referenced in
6.02.140
9 None Disposal of Animal
Waste (requested
by Solid Waste
Division)
Added a new Code Section 6.32.132.
10 None Licensing Added a new Code Chapter 6.04,
There are a number of animal control violations for which King County or the State of Washington
have imposed a penalty. These are summarized below. A policy question for the City is whether to
impose a similar level of penalties to King County or adopt a different set of penalties.
DI.C Page 32 of 81
3
Table 2 - Animal Control Violations
GM = Gross Misdemeanor
M = Misdemeanor
I = Infraction
Code Provision Violation Penalty
6.01.060 Interference with
impounding an animal
$xxx/y days (gross
misdemeanor)
6.01.130 Duties upon injury or
death to an animal
$xxx/y days
(misdemeanor)
6.01.140 Cruelty to Animals
(adopting RCW 16.52)
Need to pull expand, pull
penalties from statute
6.01.150 Crimes related to
Animals (adopting RCW
9.08)
Need to pull expand, pull
penalties from statute
6.01.170 Interfering with search
and rescue dog (adopting
RCW 9.91.175)
From statute
6.01.180 Unlawful Traps (adopting
RCW 77.15.194,
77.15.196)
From statute
6.01.200 Poisoning Animals
(adopting RCW
16.52.190)
From statute.
6.02.010(A) Animal at Large $50.00 (I)1
6.02.020 Failure to confine dog or
cat in heat
$50.00 (I)
6.02.030 Possession of a Rooster $50.00 (I)
6.02.040 Dog off-leash $50.00 (I)
6.02.050 Dog chasing vehicle on
public road
$50.00 (I)
6.02.080 Dog jumping or
threatening pedestrian
$50.00 (I)
1 Note: King County treats 1st violation $50, 2nd $100, and then increases for repeat violations. We could do that, but
would need to cap out at $250.
DI.C Page 33 of 81
4
Code Provision Violation Penalty
6.02.090 Animal injuring human,
domestic animal, or
livestock.
$250.00 (M)
6.02.100 Directing dog to attack or
harass
$500.00 (GM)
6.02.110 Directing dog to attack or
harass public officer
Minimum of $500, 5 days
in jail (GM)
6.02.120 Use of dog in illegal
activity
$500.00 (GM)
6.02.130 Animal injuring private
and public property
If value of property is less
than $750, $50.00 (I)
If value of property is
equal to or greater than
$750, $150.00 (M)
6.02.132(A) Failure to remove animal
waste.
$25.00 (I)
6.02.132(B) Failure to posses
equipment to remove
animal waste
$25.00 (I)
6.02.140 Animal Noise2 $50.00 (I)
6.02.150 Unlicensed transfer of
animals in public place
$50.00 (I)
6.04.010 Failure to license dog or
cat
$50.00 (I)
6.04.020(A) Failure to display license
or allow to scan for
microchip
$50.00 (I)
6.04.020(B) Failure to provide proof of
licensing
$50.00 (I)
6.04.040 Violation of maximum
number of dogs/cats3
$50.00 (I)
2 Note: this is also a violation of 8.28.010(C). However, the penalties for that are civil fines that must be imposed as part of
code enforcement.
3 Note: also a violation of ACC 18.31.230, and may be processed by Code Enforcement
DI.C Page 34 of 81
5
Code Provision Violation Penalty
6.04.060 Sale or gift of unaltered
pet in public
$50.00 (I)
6.04.090 Sale or transfer of
unlicensed pet
$50.00 (I)
6.04.130 Insufficient check/stop
payment for check used
to purchase license
Note: need to research
this further
6.04.170(A) Transfer of puppies of
dog not licensed as
unaltered
$50.00 (I)
6.04.170(B) Transfer of kittens of cat
not licensed as unaltered
$50.00 (I)
6.04.170(D) Failure to list license
number on advertisement
$50.00 (I)
Staff has identified several policy questions it would like the Committee’s input and direction on.
They are:
1. King County currently charges $125.00 for an altered/unlicensed animal and $250.00 for
unaltered/unlicensed animal. Does the Committee concur with the City charging a similar
penalty? Please note that if the Committee and the Council ultimately concur with these fees,
they will be incorporated into Ordinance No. 6424.
2. Should the City could take a similar approach to animal violations that King County has or
pursue a different course? For example, King County has a graduated penalty system for some
of its code violations. i.e., 1st violation is $50, 2nd is $100. This provides proportionality, but may
be difficult to track for police.
3. Some of the proposed definitions (noted in the draft code) provide for greater protection or more
expansive definitions than currently exist in King County Code. Staff will review those with the
Committee to get its direction on whether to adopt these, or to stay with the King County
language.
DI.C Page 35 of 81
------------------------------
Ordinance No. 6424
October 3, 2012
Page 1 of 22
ORDINANCE NO. 6 4 2 4
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON RELATED TO
ANIMAL CONTROL, AMENDING TITLE 6 OF THE
AUBURN CITY CODE BY ADDING NEW
CHAPTERS 6.01, 6.02 AND 6.04 AND REPEALING
SECTION 6.35.010.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Chapter to City Code. That a new Chapter 6.01
be and the same hereby is added to the Auburn City Code to read as follows:
Chapter 6.01
ANIMAL CONTROL – GENERAL PROVISIONS
Sections:
6.01.010 Definitions.
6.01.020 Authorized agents may perform duties.
6.01.030 Authority to pursue.
6.01.040 Probable cause to impound animal.
6.01.050 Notice of impounding animal.
6.01.060 Interference with impounding – gross misdemeanor.
6.01.070 Redemption of animals.
6.01.080 Reserved.
6.01.090 Reserved.
6.01.100 Mandatory spay/neuter for impounded dogs and cats - exception.
6.01.110 Mandatory spay/neuter for adopted dogs and cats – exception.
6.01.120 Conditions of release.
6.01.130 Duties upon injury or death to an animal – misdemeanor.
6.01.140 Prevention of cruelty to animals – adoption by reference.
DI.C Page 36 of 81
------------------------------
Ordinance No. 6424
October 3, 2012
Page 2 of 22
6.01.150 Crimes relating to animals – Adoption by reference.
6.01.160 Interfering with dog guide or service animal – Adoption by reference.
6.01.170 Interfering with search and rescue dog – Adoption by reference.
6.01.180 Unlawful traps – Adoption by reference.
6.01.190 Humane restraint standards for animals.
6.01.200 Poisoning animals – penalty – Adoption by reference.
6.01.210 Penalties for Violation.
6.01.220 Severability.
6.01.010 Definitions.
A. As used in this title, the following terms shall have the following meanings:
1. “Adult” means any animal over the age of 21 weeks.
2. “Animal” means any nonhuman mammal, bird, reptile, or amphibian.
3. “Altered” means an animal that has been spayed or neutered. To
qualify as an altered animal, an individual must provide either proof of alteration from a
licensed veterinarian or a written statement from a licensed veterinarian that the
spay/neuter procedure would be harmful to the animal.
4. “Animal control” or “animal control authority” means a City
department or division designated by the Mayor to implement and enforce the provisions
of this title.
5. “Animal control officer” means any Auburn police officer or an
employee of the City authorized by the City and specially commissioned by the Chief of
Police to enforce Auburn Municipal Code (“ACC”) Title 6.
6. “Animal shelter, public” Animal shelter, public means a facility and
property that is used to house or contain stray, homeless, abandoned or unwanted animals
and that is owned, operated, or maintained by a public body or an established humane
society, animal welfare society, or other nonprofit organization under contract with the
public body devoted to the welfare, protection and humane treatment of animals.
Supporting services may include medical care.
7. “Animal welfare organization” means any public or private charitable
organization, whether called a kennel, cattery, shelter, society, or rescue, and includes the
organization's officers, agents, and representatives when acting in the name or on behalf
of the organization that controls, rescues, shelters, cares for, or disposes of pets as all or
part of the purpose of the organization.
8. “At large” means off the premises of the owner or keeper of the animal,
and not under restraint by leash or chain eight feet in length or shorter.
9. “Cat” means a member of the species Felis catus and commonly known
as the domestic cat.
10. “Charitable organization” means any organization recognized as a
nonprofit corporation under the provisions of Chapter 24.03 of the Revised Code of
Washington (“RCW”) and exempt from the Washington State business and occupation
tax pursuant to RCW 82.04.3651.
DI.C Page 37 of 81
------------------------------
Ordinance No. 6424
October 3, 2012
Page 3 of 22
11. “Competent person” means a person who is able to sufficiently care
for, control, and restrain an animal and who has the capacity to exercise sound judgment
regarding the rights and safety of others.
12. “Court” means Auburn Municipal Court or the Superior Courts of
King and Pierce County, which courts shall have concurrent jurisdiction hereunder.
13. “Dangerous dog” means any dog that has been declared to be a
dangerous dog pursuant to the provisions of this chapter, or has been declared to be a
dangerous dog pursuant to applicable code provisions by any other jurisdiction, by reason
of the fact that the dog:
a. Killed or inflicted severe injury on a human being without
provocation on public or private property;
b. Killed or inflicted severe injury on a domestic animal without
provocation while the dog was off the owner’s property;
c. Has been previously found to be potentially dangerous because of
injury inflicted on a human, the owner having received notice of such, and the dog again
aggressively bites, attacks, or endangers the safety of humans;
d. Is a potentially dangerous dog, as defined in this chapter, that has
been permitted or allowed to run free and unrestrained off the property of its owner;
e. Is a potentially dangerous dog, as defined in this chapter, that has
harassed, tormented or caused concern for the safety of persons or domestic animals; or
f. Has, since May 7, 2004, demonstrated a propensity, tendency, or
disposition to attack unprovoked, to cause injury, or otherwise to threaten the safety of
humans or domestic animals.
It is provided, however, that a dog shall not be declared dangerous if the
basis for such declaration was a threat, injury, or damage that 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
has, in the past, been observed or reported to have tormented, abused, or assaulted the
dog or was committing or attempting to commit a crime.
It is further provided that a dog shall not be declared dangerous if the
owner of the dog can show that since the incident or action giving rise to the declaration,
the owner has enrolled in and completed the American Kennel Club’s Canine Good
Citizen® (CGC) Program, or a comparable course or program addressing dog ownership
responsibilities offered by a similarly recognized entity, which alternate course or
program and/or entity shall be approved by the city. However, this proviso (this
opportunity to avoid a dangerous dog declaration) shall not apply where the basis for the
declaration was that the dog killed or inflicted severe injury on a human being without
provocation on public or private property, as set forth in subsection 15(a) of this section,
or has killed or inflicted severe injury on a domestic animal without provocation while
the dog was off the owner’s property, as set forth in subsection 15(b) of this section, or
has been previously found to be potentially dangerous because of injury inflicted on a
human, the owner having received notice of such, and the dog again aggressively bites,
attacks, or endangers the safety of humans, as set forth in subsection 15(c) of this section.
This proviso shall also not apply to instances where a dangerous dog declaration has been
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previously avoided because such training was given to the same owner for this or any
other dog, or to any other person involving this same dog.
It is further provided that for the purposes of subsection 15(d) of this
section, there shall be a rebuttable presumption that a dog has been permitted or allowed
to run free if the dog has been previously found running free and unrestrained off the
property of its owner. This presumption may be rebutted by a showing that, since the
effective date of the ordinance codified in this section, the dog has not previously been
found running free and unrestrained off the property of its owner, and the owner has
taken reasonable steps to prevent the dog from running free and unrestrained off the
property of its owner.
14. “Dog” means a member of the species Canis lupus familiaris and
commonly known as the domestic dog.
15. “Gross misdemeanor” means a crime with a maximum penalty of one
year in jail, a $5,000 fine, or both such fine and imprisonment..
16. “Harboring” means knowingly providing food or shelter to an animal.
17. “Humane trap” means a live animal box enclosure trap designed to
capture and hold an animal without injury.
18. “Impound” means to receive into the custody of the animal shelter or
into the custody of the City animal control officer.
19. “Infraction” means a civil infraction pursuant to Infraction Rules for
Courts of Limited Jurisdiction (“IRLJ”) and any local rule adopted thereto by the Auburn
Municipal Court.
20. “Livestock” means all cattle, sheep, goats, or animals of the bovidae
family; all horses, mules, llamas, alpacas, other hoof animals, or animals of the equidae
family; all pigs, swine, or animals of the suidae family; and ostriches, rhea, and emu.
Provided, that livestock shall not include domestic fowl, miniature goats, and potbelly
pigs, as those animals are defined in Chapter 18.04 ACC.
21. “Misdemeanor” means a crime with a maximum penalty of 90 days in
jail, a $1,000 fine, or both such fine and imprisonment.
22. “Owner” means any person, firm, corporation, organization, trust, or
partnership possessing, harboring, keeping, having an interest in, or having control,
custody, or possession of an animal.
23. “Person” shall include any person, partnership, corporation, trust, or
association of persons.
24. “Police dog.” The definition of “police dog” in RCW 4.24.410,
including all future amendments, additions, or deletions, is adopted by reference.
25. “Potentially dangerous dog” means any dog that when unprovoked:
a. Inflicts bites on a human or a domestic animal either on public or
private property;
b. Chases or approaches a person upon the streets, sidewalks, or any
public grounds in a menacing fashion or apparent attitude of attack, or any dog with a
known propensity, tendency, or disposition to attack unprovoked, or to cause injury or
otherwise to threaten the safety of humans or domestic animals; or
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c. Is known or should reasonably have been known by its owner to
have aggressively bitten, attacked, or endangered the safety of humans or domestic
animals.
d. “Potentially dangerous dog” also means any dog that is known by
the owner or should reasonably be known by the owner to be an Akita, American Pit Bull
Terrier, American Staffordshire Terrier, Bull Terrier, Cane Corso, Dogo Argentino,
Dogue de Bordeaux, Kuvasz, Pit Bull Terrier, Presa Canario, Staffordshire Bull Terrier or
Tosa Inu, or any breed of dog, or any mix of dog breeds which contains as an element of
its breeding the breed of Akita, American Pit Bull Terrier, American Staffordshire
Terrier, Bull Terrier, Cane Corso, Dogo Argentino, Dogue de Bordeaux, Kuvasz, Pit Bull
Terrier, Presa Canario, Staffordshire Bull Terrier or Tosa Inu, as to be identifiably of or
partially of such breed(s), or dogs that have an appearance and physical characteristics
that are substantially similar to dogs referred to above.
27. Reserved.
28. “Proper enclosure of a dangerous dog” means, while on the owner’s
property, a dangerous dog shall be securely confined indoors or in a securely enclosed
and locked pen or structure, suitable to prevent the entry of young children and designed
to prevent the animal from escaping. Such pen or structure shall have secure sides and a
secure top, shall also provide protection from the elements for the dog, and shall either
have a concrete floor or shall have secure fencing material buried not less than one foot
below the surface. Additionally, the animal control authority, as defined herein, may
determine, based on objective and identifiable reasons, that the enclosure is not adequate
or proper, in which case the animal control authority shall communicate in writing to the
owner of the dangerous dog the deficiencies in the enclosure and the objective and
identifiable reasons that the enclosure is not adequate or proper, and the owner shall
correct the deficiencies identified by the animal control officer before the enclosure shall
constitute a proper enclosure. The owner of the dangerous dog may appeal the animal
control authority’s determination that the enclosure is not adequate or proper, which
appeal shall be filed in writing not more than ten days from the date the animal control
authority communicates his/her determination that the enclosure is not adequate or
proper, and which appeal shall be heard by the police chief or designee. The police chief
or designee shall decide the appeal based on (1) whether the objective and identifiable
reasons which were the basis of the animal control authority’s determination have been
shown, and (2) whether they reasonably support the decision that the enclosure is not
adequate or proper. It is provided, however, that regardless of the materials used, or type
and description of the enclosure, and regardless of the correction of any identified
deficiencies, if the dangerous dog escapes from the enclosure, that escape shall constitute
prima facie evidence that the enclosure was not a proper enclosure, and shall constitute
prima facie evidence, as well, that the dog owner is not in compliance with the
requirements of this chapter.
29. “Securely enclosed and locked” means a pen or structure which has
secure sides and a secure top suitable to prevent the entry of young children and designed
to prevent the animal from escaping. If the pen or structure has no bottom secured to the
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sides, then the sides must be embedded in the ground no less than one foot below the
surface of the ground.
30. “Severe injury” means any physical injury that results in (a) broken
bones, (b) muscle, ligament, or tendon tears, (c) skin lacerations or puncture wounds that
require sutures or surgery, or (d) transmission of an infectious or contagious disease.
31. “Unconfined” means not securely confined indoors or in a securely
enclosed and locked pen or structure upon the premises of the person owning, harboring,
or having the care of the animal.
B. The present tense shall include the past and future tense, and the future the
present. Each gender shall include all genders. The singular number shall include the
plural, and the plural the singular.
6.01.020 Authorized agents may perform duties.
Wherever a power is granted to or a duty imposed upon the Auburn Police
Department, the power may be exercised or the duty may be performed by any law
enforcement officer authorized by the Chief of Police or by an animal control officer.
6.01.030 Authority to pursue.
Those authorized under Section 6.01.020 may pursue animals running at large
onto City-owned property, vacant property, and unenclosed private property and seize,
remove, and impound the same.
6.01.040 Probable cause to impound animal.
Any law enforcement or animal control officer having probable cause to believe
that any person has violated any provision of this title by reason of his or her animal’s
misconduct may impound or cause to be impounded any such animal. Such
impoundment shall be subject to all other sections of this title and all other municipal
laws.
When a law enforcement or animal control officer has probable cause to believe a
dog is a dangerous dog, he or she may impound the dog. Such dog shall be held in the
shelter or a secure veterinary hospital until a hearing is held to determine the dog’s status
or the deadline for requesting such a hearing has passed. When a law enforcement or
animal control officer has probable cause to believe a dog is a potentially dangerous dog,
he or she may impound the animal. The law enforcement or animal control officer may
require that such dog be held in the shelter or a secure veterinary hospital until a hearing
is held to determine the animal’s status or the deadline for requesting such a hearing has
passed
6.01.050 Notice of impounding animal.
Upon the impoundment of any animal under the provisions of this title, the animal
control officer or shelter shall notify the owner, if the owner is known, of the impounding
of such animal and the terms upon which said animal can be redeemed. The notifying of
any person over the age of 18 who resides at the owner’s domicile or mailing the notice
to the address given to the City at the time the animal was licensed shall constitute actual
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notice to the owner. If the owner of said animal so impounded is unknown, then the
Animal Control officer or shelter shall make a reasonable effort to locate and notify the
owner of the animal.
6.01.060 Interference with impounding – gross misdemeanor.
It is unlawful for any person to willfully prevent or hinder the impounding of any
animal, or to by force or otherwise remove any animal from the animal shelter without
authority of the person in charge of the animal shelter, or without payment of all lawful
charges against such animal. Violation of this section is a gross misdemeanor.
6.01.070 Redemption of animals.
A. Unless otherwise specifically provided in this title, the owner of any animal
impounded under this title may redeem said animal within 72 hours from time of
impounding by paying the appropriate redemption fee as well as any applicable boarding
charge for the caring and keeping of such animal. All fees and charges must be paid prior
to redeeming the animal. A dog or cat may not be redeemed unless it is properly licensed.
B. If an impounded animal is not redeemed by the owner within 48 hours, then
any person may purchase it within the next 48 hours by complying with the animal
shelter’s purchase provisions. In case such animal is not redeemed within 96 hours of
impoundment, it may be humanely euthanized or otherwise disposed of within the
discretion of the animal shelter.
6.01.080 Reserved.
6.01.090 Reserved.
6.01.100 Mandatory spay/neuter for impounded dogs and cats – exception.
A. No unaltered dog or cat that is impounded more than once in any 12-month
period may be redeemed by any person until the animal is spayed or neutered. The
alteration shall be accomplished by the shelter or by any duly licensed veterinarian . In all
cases, the veterinarian fees shall be paid at the time of redemption by the animal’s owner.
B. Exceptions. The alteration shall not be required upon a showing of proof of
alteration from a licensed veterinarian. The alteration shall not be required if the owner or
other person redeeming the animal provides a written statement from a licensed
veterinarian stating that the spay or neuter procedure would be harmful to the animal.
6.01.110 Mandatory spay/neuter for adopted dogs and cats – exception.
A. No unaltered dog or cat that is otherwise eligible to be adopted from the shelter
may be adopted by any person unless the animal is spayed or neutered. In all cases, the
veterinarian fees shall be paid by the prospective owner. Any adopted, unaltered dog or
cat shall be subject to impoundment.
B. Exceptions. The alteration shall not be required upon a showing of proof of
alteration from a licensed veterinarian. The alteration shall not be required if the owner
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or other person adopting the animal provides a written statement from a licensed
veterinarian stating that the spay or neuter procedure would be harmful to the animal.
6.01.120 Conditions of release.
The animal control authority may refuse to release to its owner any animal that
has been impounded more than once in a 12-month period unless the owner demonstrates
that he or she has taken steps to reasonably ensure that the violation will not occur again.
The shelter or the animal control authority may impose reasonable conditions that must
be satisfied by the owner before release of the animal, including conditions assuring that
the animal will be confined. Failure to comply with the conditions of release is a
violation.
Any animal suffering from serious injury or disease may be humanely euthanized
by the shelter or City; provided, that the shelter or City shall immediately notify the
owner if the owner is known. The shelter and City have no obligation to determine the
owner of such animal if the animal is not wearing a license or other identification or is
not microchipped.
6.01.130 Duties upon injury or death to an animal – misdemeanor.
The operator of a vehicle involved in an accident resulting in injury or death to a
cat, dog, or livestock shall immediately stop the vehicle at or as near to the scene of the
accident as possible and return thereto, and shall give to the owner or other competent
person having custody of the animal the name and address of the operator of the vehicle
and the registration number of the vehicle involved in the accident. If the owner or other
competent person is not the person at the scene of the accident, the operator shall take
reasonable steps to locate the owner or custodian of the animal and shall supply the
information hereinabove required. If the animal is injured to the extent that it requires
immediate medical attention and there is no owner or custodian present to look after it,
the operator of said vehicle shall immediately report the situation to the Auburn Police
Department. A person who violates this shall be guilty of a misdemeanor.
6.01.140 Prevention of cruelty to animals – adoption by reference.
RCW 16.52, “Prevention of Cruelty to Animals,” as now enacted or hereinafter
amended, is hereby adopted by reference as if fully set forth herein, including penalties;
except that conduct constituting a felony, as determined by the prosecutor, is excluded.
A complete copy of RCW 16.52, “Prevention of Cruelty to Animals,” is on file with the
City Clerk.
6.01.150 Crimes relating to animals – Adoption by reference.
Chapter 9.08 RCW, “Animals, Crimes Relating to,” as now enacted or hereinafter
amended, is hereby adopted by reference as if fully set forth herein, including penalties;
except that conduct constituting a felony, as determined by the prosecutor, is excluded.
6.01.160 Interfering with dog guide or service animal – Adoption by reference.
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RCW 9.91.170, “Interfering with dog guide or service animal,” as now enacted or
hereinafter amended, is hereby adopted by reference as if fully set forth herein, including
penalties; except that conduct constituting a felony, as determined by the prosecutor, is
excluded.
6.01.170 Interfering with search and rescue dog – Adoption by reference.
RCW 9.91.175, “Interfering with search and rescue dog,” as now enacted or
hereinafter amended, is hereby adopted by reference as if fully set forth herein, including
penalties; except that conduct constituting a felony, as determined by the prosecutor, is
excluded.
6.01.180 Unlawful traps – Adoption by reference.
A. RCW 77.15.194, “Unlawful traps – Penalty,” as now enacted or hereinafter
amended, is hereby adopted by reference as if fully set forth herein, including penalties.
B. RCW 77.15.196, “Unlawful poison – Penalty,” as now enacted or hereinafter
amended, is hereby adopted by reference as if fully set forth herein, including penalties
6.01.200 Poisoning animals – penalty – Adoption by reference.
RCW 16.52.190, “Poisoning Animals – Penalty,” as now enacted or hereinafter
amended, is hereby adopted by reference as if fully set forth herein.
6.01.210 Penalties for violation
a. Unless specifically designated in this Title as a gross misdemeanor or
misdemeanor or is specified to be enforced pursuant to other law, including, but not
limited to, other chapters or titles of this Code, any violation of this Title shall constitute
a Class 1 infraction, with a penalty not to exceed $250, not including statutory
assessments. Such penalty is in addition to any other remedies or penalties specifically
provided by law. For each act herein prohibited of a continuing nature, each day shall be
considered a separate offense.
b. The penalties for violation of this Title are: [note: to be filled in from the
associated worksheet]
6.01.220 Severability.
Should any part of this title be adjudged invalid for any reason, such adjudication
shall not affect the validity of this title as a whole or any part thereof.
Section 2. New Chapter to City Code. That a new Chapter 6.02
be and the same hereby is added to the Auburn City Code to read as follows:
Chapter 6.02
ANIMAL CONTROL
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Sections:
6.02.010 Animals at large on public grounds.
6.02.020 Confinement of female dogs and cats in heat.
6.02.030 Roosters prohibited.
6.02.040 Dogs off premises to be on leash.
6.02.050 Dogs chasing vehicles on public roads.
6.02.060 Reserved.
6.02.070 Removal of animals for feeding – Examination – Notice – Euthanasia –
Adoption by reference.
6.02.080 Dogs jumping and/or threatening pedestrians.
6.02.090 Animals injuring humans, domestic animals, or livestock – gross
misdemeanor.
6.02.091 Rabies notification.
6.02.100 Directing dog to harass or attack – gross misdemeanor.
6.02.110 Directing dog to harass or attack public officer – gross misdemeanor –
minimum mandatory.
6.02.120 Use of dog in illegal activity prohibited – gross misdemeanor.
6.02.130 Animals injuring private or public property – infraction or misdemeanor.
6.02.132 Removal of animal waste.
6.02.135 Police Dogs
6.02.140 Public disturbance noise and public nuisance noise made by an animal.
6.02.150 Sale or transfer of animals in public places prohibited.
6.02.160 Violations – Civil infraction.
6.02.010 Animals at large.
A. If any animal is at large, the owner or person having control or custody of the
animal has violated this subsection. Any animal entering or trespassing upon such
property may be seized and impounded.
B. This section does not apply:
1. to areas designated as an off-leash area by the City;
2. if animals are allowed off-leash as part of a special events permit; or
3. if off-leash activity has been authorized by a public property owner on
the owner’s property.
6.02.020 Confinement of female dogs and cats in heat.
Every female dog and cat in heat shall be confined in a building or secure
enclosure in such a manner that such female dog or cat cannot come into contact with a
male of the species, except for planned breeding. It is a violation for any person having
control or custody of a dog or cat in heat to allow such animal to be unconfined. Any dog
or cat not so confined when in heat, whether or not such dog or cat is licensed, may be
seized and impounded, and will be subject to mandatory spaying in accordance with the
process set forth in Section 6.01.110 without regard to prior impoundment.
6.02.030 Roosters prohibited.
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It is a violation for any person to own, possess, or harbor a rooster within the City
limits.
6.02.040 Dogs off premises to be on leash.
If any dog is off the premises of its owner or custodian such dog, while away
from such premises, must be controlled by a leash or chain not more than eight feet in
length, such control to be exercised by such owner or custodian or other competent and
authorized person. Failure to control a dog in this manner is a violation.
6.02.050 Dogs chasing vehicles on public roads.
If any dog chases, runs after, or jumps at vehicles, including bicycles, lawfully
using the public road, street, avenues, alleys, and ways the owner or person having
control or custody of the animal has violated this subsection. Any such dog may be seized
and impounded.
6.02.060 Reserved.
6.02.070 Removal of animals for feeding – Examination – Notice – Euthanasia
– Adoption by reference.
RCW 16.52.085, “Removal of animals for feeding – Examination – Notice –
Euthanasia,” as now enacted or hereinafter amended, is hereby adopted by reference as if
fully set forth herein.
6.02.080 Dogs jumping or threatening pedestrians.
If any dog chases, runs after, snarls at, growls at, jumps upon, or threatens persons
upon public sidewalks, roads, streets, alleys, or public places the owner or person having
control or custody of the animal has violated this subsection. Any such dog may be seized
and impounded.
6.02.090 Animals injuring humans, domestic animals, or livestock – gross
misdemeanor.
The owner or other person having control or custody of any animal is guilty of a
gross misdemeanor if he or she has possession, custody, or control of an animal that,
because of the owner’s negligence, causes injury to a human, domestic animal, or
livestock which is acting in a lawful manner. Any such animal may be seized and
impounded. Any penalties imposed under this section are in addition to any penalties or
civil remedies imposed in relation to a declaration that a dog is dangerous or potentially
dangerous.
6.02.091 Rabies notification.
When an animal control officer is notified that an animal has bitten a human and
the bite penetrated the skin, the animal control authority shall notify the Health
Department.
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6.02.100 Directing dog to harass or attack – gross misdemeanor.
It shall be unlawful for any person having control or custody of any dog to direct,
encourage, cause, allow, or otherwise aid or assist any dog to threaten, charge at, bite,
harass, menace, or attack any person within the City. Any such animal may be seized
and impounded. Any violation of this section is a gross misdemeanor.
6.02.110 Directing dog to harass or attack public officer – gross misdemeanor –
minimum mandatory.
It shall be unlawful for any person having control or custody of any dog to allow,
direct, encourage, cause, or otherwise aid or assist any dog to threaten, charge, intimidate,
bite, harass, menace, or attack any animal control or other public officer engaged in the
conduct of his or her duties. Any such animal may be seized and impounded. Any
violation of this section is a gross misdemeanor, and shall carry a minimum mandatory
sentence of five days in jail and a fine of no less than $500.
“Public officer” means any general authority, limited authority, or specially
commissioned Washington peace officer or federal peace officer, as those terms are
defined in RCW 10.93.020, and other public officers who are responsible for
enforcement of fire, building, zoning, and life and safety codes.
6.02.120 Use of dog in illegal activity prohibited – gross misdemeanor.
No person shall keep, maintain, control, or retain custody of any dog in
conjunction with or for the purpose, whether in whole or in part, of aiding, abetting, or
conducting any illegal activity or committing any crime within the City. Any such
animal may be seized and impounded. Any violation of this section is a gross
misdemeanor.
6.02.130 Animals injuring private and public property – infraction or
misdemeanor.
If any animal damages or destroys any property or thing of value upon the private
property of another, or upon any public property the owner or person having control or
custody of the animal has violated this subsection. Any such animal may be seized and
impounded. Any violation of this section is an infraction up to damage in the total
amount is $750 or less.
Damage in the total amount greater than $750 shall be a misdemeanor.
6.02.132 Removal of animal waste.
A. It is a violation for any person to fail to immediately remove fecal matter
deposited by a dog or other animal in his or her possession on public property such as
park property, school grounds, public rights-of-way, or public easements or on private
property that does not belong to the animal’s owner or custodian.
B. It is a violation for any person to fail to have in his or her possession
equipment such as a plastic bag or other means of conveyance necessary to remove his or
her animal’s fecal matter, when that animal deposits fecal matter on any public property
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such as park property, school grounds, public rights-of-way, or public easements or on
private property that does not belong to the animal’s owner or custodian.
C. This section shall not apply to a “guide” or “service” dog, as now or hereafter
defined in RCW 70.84, while the dog is in harness.
D. Violation of this section shall be a Class I civil infraction.
6.02.135 Police dogs.
A. Definitions. As used in this section, unless the context or subject matter clearly
requires otherwise, the following words or phrases shall have the following meanings:
1. “Police dog” means a dog used by a law enforcement agency specially
trained for law enforcement work and under the control of a dog handler.
2. “Dog handler” means a law enforcement officer who has successfully
completed training as prescribed by the Washington State Criminal Justice Training
Commission in police dog handling.
B. Interference with and Abuse of Police Dogs Prohibited. It is unlawful for any
person to:
1. Willfully or maliciously interfere with, obstruct, torture, beat, kick,
strike, mutilate, disable, shoot, poison, kill or in any other way abuse or harass any police
dog;
2. Harass a police dog while such police dog is confined in its quarters, an
automobile, kennel, fenced area, training area, or while it is under the control of a dog
handler;
3. Willfully or maliciously interfere with a police dog or dog handler
while such police dog or dog handler is engaged in lawful police activities.
C. Reimbursement of Costs to City. Any person who kills or permanently disables
a police dog as a result of any unlawful act set forth in subsection B of this section shall
be liable for and shall pay to the general fund of the city the value of the police dog at
such time the incident occurred, which shall include costs incurred in the training, care,
feeding, and purchase cost of such police dog.
D. Exemptions from Animal Control Code.
1. All police dogs and all dogs being trained as police dogs shall be
exempt from all provisions of the Auburn City Code relating to animal control, with the
exception of the portion thereof pertaining to rabies control.
2. All police dogs and all dogs being trained as police dogs shall be
exempt from all licensing fees set forth by the Auburn City Code relating to animal
control and the ordinances of the city, but such dogs shall be registered with those
agencies.
E. Penalty. In addition to the penalties set forth in subsection C of this section,
any violation of this section is a misdemeanor.
6.02.140 Public disturbance noise and public nuisance noise made by an
animal.
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A. Any public disturbance noise made by an animal is unlawful and may be
enforced under the provisions of ACC Section 8.28.010.C, or as a civil infraction under
this section.
B. When animal noise is prosecuted as a crime, the terms of ACC 8.28 shall
govern.
C. When animal noise is treated as a civil infraction, the following is a violation:
1. Any animal which by making any noise that, by its volume or
frequency, unreasonably disturbs or interferes with the peace of any person(s) for more
than 15 minutes in any one-hour period of any day, and is documented by three or more
separate episodes of such noise in a sequential seven-day period.
2. Exceptions to this subsection are public shelters, small animal hospitals
or clinics, or grooming parlors otherwise in compliance with the Auburn City Code, or
those who can substantiate that such animal noise was caused by an injury or illness of
the animal(s) or by willful trespass, torment, or abuse of the animal(s) on its property by
others.
3. Enforcement may be undertaken only upon written receipt of a
complaint made to either the animal control authority or law enforcement by a person(s)
residing at or who is employed in an area affected by such public noise disturbance. Any
such animal(s) shall be deemed a nuisance and may be seized and impounded if the
disturbance reoccurs after the owner or custodian of such animal(s) has received two
written warnings, two notices of civil infraction, or a written warning and a notice of civil
infraction from either the animal control authority or law enforcement within a calendar
year.
4. Animal noise violations under this chapter are a Class I civil infraction.
6.02.150 Sale or transfer of animals in public places prohibited.
It is unlawful to sell, barter, or otherwise transfer for the purpose of changing
ownership of any dog or cat in an area open to the public unless such activity is licensed
pursuant to Title 5 of this Code. Violation of this section is a Class I civil infraction.
6.02.160 Reserved.
Section 3. New Chapter to City Code. That a new Chapter 6.04
be and the same hereby is added to the Auburn City Code to read as follows:
Chapter 6.04
ANIMAL LICENSING
Sections:
6.04.010 License Required.
6.04.020 Display or Evidence of License.
6.04.030 When License is Not Required.
6.04.040 Maximum Number of Dogs or Cats.
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Ordinance No. 6424
October 3, 2012
Page 15 of 22
6.04.050 Mandatory Spaying and Neutering.
6.04.060 Sale or Gift of Unaltered Pet.
6.04.070 Animal Licenses.
6.04.080 License Not Transferable.
6.04.090 Sale or Transfer of Pet without License.
6.04.100 Denial of Animal License Application.
6.04.110 Appeal of Animal License Application Denial
6.04.120 Notice of Revocation.
6.04.130 Checks.
6.04.140 Failure to License.
6.04.150 Late Payment Penalty.
6.04.160 Use of Fees and Fines.
6.04.170 Puppies and Kittens.
6.04.180 License Records.
6.04.190 Counterfeit and Imitation Tags.
6.04.010 License Required.
It is unlawful for any person to own, keep, or have control of a dog or cat over the age of
8 weeks, whether confined or not, within the corporate boundaries of the City without
having a current license tag attached to the collar or harness which is worn by the dog or
cat or having been lawfully implanted with a microchip. Any dog or cat which is off the
premises of its owner must have a current license, regardless of its age. If any dog and/or
cat which is required to be licensed is found without a current license, it may be seized
and impounded by the animal control agency or the law enforcement agency of the City.
Additionally, such seizure and impoundment will not preclude the issuance of a criminal
complaint.
6.04.020 Display or Evidence of License.
A. Any person in possession of a dog or cat in a public place must, upon demand from
an animal control officer or police officer, display the animal’s license tag, except
that a dog or cat properly implanted with a microchip in accordance with this chapter
need not display a tag, but must allow the officer to scan or read the microchip.
Refusal to display the tag or to allow scanning or reading the microchip is a violation
and the animal may be impounded.
B. Owners that choose to have their dog or cat implanted with a microchip shall be
responsible for licensing their dog or cat with City and shall pay all required and
applicable licensing fees.
DI.C Page 50 of 81
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Ordinance No. 6424
October 3, 2012
Page 16 of 22
C. Any person in possession of a dog or cat on private property that is not open to the
public must, upon demand from an animal control officer or police officer, provide
proof that the animal is licensed in accordance with this title.
6.04.030 When A License is Not Required.
A. While a dog or cat is competing in a sanctioned dog or cat show, it is not required to
display its license tag while competing. Upon demand from an animal control officer
or police officer, however, any person in possession of an animal competing in a
sanctioned show must provide proof that the animal is licensed in accordance with
this Chapter.
B. The provisions of this chapter shall not apply to dogs used by a law enforcement
agency for police work, nor to dogs or cats in the custody of a veterinarian or animal
shelter or animal rescuer, or whose owners are nonresidents temporarily within the
city for a period not exceeding thirty (30) calendar days.
6.04.040 Maximum Number of Dogs or Cats.
A. The maximum number of dogs and cats which may be licensed by a resident of the
City or kept at a street address or physical location in the City are four (4) dogs or
four (4) cats or any combination of dogs and cats totaling four (4) animals pursuant to
Section 18.31.230 of the Auburn City Code.
B. The maximum limits on dogs and cats at a street address or physical location does not
apply to the facilities of a Humane Society or other animal shelter, veterinary
hospitals, or kennel in compliance with this title.
6.04.050 Mandatory Spaying and Neutering.
A. No person shall own or harbor any cat or dog over the age of six months that has not
been spayed or neutered unless:
1. The person holds an unaltered animal license from the City for the animal;
2. Guide dog puppies in training and police service dogs are exempted from the
provisions of this section.
B. Any dog or cat over the age of six months adopted from an animal shelter shall be
spayed or neutered before transfer to the owner.
6.04.060 Sale or Gift of Unaltered Pet.
DI.C Page 51 of 81
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Ordinance No. 6424
October 3, 2012
Page 17 of 22
It is a violation of this section to sell or give away unaltered dogs and cats in any public
places or to auction off or raffle unaltered dogs and cats as prizes or gifts.
6.04.070 Animal Licenses.
A. Animal licenses shall be issued by the City and/or its authorized contractor and may
be issued by veterinarians, pet shops, catteries, and kennels and other approved
locations upon application and the payment of a license fee according to the schedule
provided by the resolution of the City Council. They shall be subject to the following:
B. Applications for an animal license shall be on forms provided by the City. Upon
application and the payment of a license fee according to the schedule provided in the
City’s fee schedule, animal licenses shall be issued by the City or approved entities.
C. Any and all fees associated with the licensing of pets shall be established and may be
amended by resolution of the City Council.
D. Pet licenses for dogs and cats shall be valid for a term of one year from issuance,
expiring on the last day of the twelfth month and shall be renewed on or before the
date of expiration. There is no proration of any license fees. Renewal licenses shall
retain the original expiration period whether renewed before, on or after their
respective renewal months.
E. The City shall consider licenses issued by King County Regional Animal Services
prior to January 1, 2013 to be valid through their expiration dates and no City of
Auburn license shall be required until after said expiration date.
F. Juvenile licenses may be obtained in lieu of an unaltered animal license for animals
from eight weeks to six months old.
G. A person under the age eighteen years is not eligible to purchase an animal license.
H. City residents who qualify under the provisions of Chapter 13.24 of the Auburn City
Code may purchase a discounted animal license for their cats or dogs that are
neutered or spayed and that are maintained at the registered owner's registered
address.
I. Disabled residents that meet one or more of the following eligibility requirements and
complete and submit the required City form may purchase a discounted animal
license for their cats or dogs that are neutered or spayed and that are maintained at the
registered owner's registered address:
DI.C Page 52 of 81
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Ordinance No. 6424
October 3, 2012
Page 18 of 22
1. Current King County Metro Regional Reduced Fare Permit.
2. Certification from the Veterans Administration of a disability of at least 40
percent.
3. Valid Medicare card issued by the Social Security Administration.
4. Valid Regional ADA paratransit card issued by King County Metro or Pierce
Transit or Sound Transit.
5. Obvious physical impairment.
6. Current participation in a vocational career program through the Washington State
Individual Education Program.
7. Medically disabled as certified by a physician, psychiatrist, psychologist,
physician’s assistant, advanced registered nurse practitioner or audiologist,
licensed in the State of Washington.
J. Service animals shall be licensed but no license fee shall be required.
6.04.080 License Not Transferable.
Dog or cat licenses as provided for in this Chapter shall be nontransferable. A person may
use a license for another dog or cat that he/she owns, if the dog or cat for which it was
issued is no longer owned by such a person. It is unlawful for any person to give, sell,
exchange, or otherwise transfer a dog or cat license to another person, even if it is to be
used for the same dog or cat for which it was originally issued.
6.04.090 Sale or Transfer of Pet without License.
It is a violation of this chapter for any person to sell or transfer ownership of any pet
without an animal license. The City shall be notified of the name, address and telephone
number of the new owner by the person who sold or transferred the pet.
6.04.100 Denial of Animal License Application.
A. An applicant may be denied the issuance or renewal of a animal license, if the
applicant was previously found in violation of the animal cruelty provisions of this
Title or convicted of animal cruelty under RCW 16.52.205 or 16.52.207.
B. An applicant may be denied the issuance or renewal of a animal license for up to:
1. four years, if found in violation of the animal cruelty provisions of ACC 6.02 or
convicted of a misdemeanor under RCW 16.52.207; or
2. indefinitely, if convicted of a felony under RCW 16.52.205.
C. Any applicant who is either the subject of a notice and order under ACC 6.0___ or
charged with animal cruelty under RCW 16.52.205 or 16.52.207, may have the
DI.C Page 53 of 81
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Ordinance No. 6424
October 3, 2012
Page 19 of 22
issuance or renewal of their animal license denied pending the final result of either
the notice and order or charge.
D. The denial of the issuance or renewal of a animal license is subject to appeal.
6.04.110 Appeal of Animal license Application Denial or Notice of Revocation
A. Any person whose application for a license has been denied, or who has received a
notice of revocation of their license(s), may appeal that decision. The appeal shall be
made to and heard by the designated Hearing Examiner for the City.
B. The appeal proceedings shall be conducted in accordance with the provisions of ACC
____.
C. The appeal fee shall be the amount provided by resolution adopted by City Council
and shall be paid at the time of the appeal filing to the City. A failure to pay the
required fee at time of filing shall be considered a basis for non-acceptance of said
filing.
6.04.120 Notice of Revocation
An animal license issued by the City may be revoked upon an administrative
determination that a violation of this Title has occurred. The holder of the license subject
to revocation shall be notified of said revocation in writing and shall have the opportunity
to appeal pursuant to Section 6.04.110.
6.04.130 Checks
It is a violation of this chapter for any person to knowingly issue a check for which funds
are insufficient or to stop payment on any check written in payment of fees in this
chapter. Any license or penalty paid for with those types of checks are, in the case of the
license, invalid; and in the case of the penalty, still outstanding. Costs incurred by the
City in collecting checks of this nature shall be considered a cost of abatement and are
personal obligations of the animal owner.
6.04.140 Reserved
6.04.150 Late Payment Penalty.
Any person who fails to obtain a license by the specified renewal license date shall be
charged a late payment fee in addition to the license fee according to the City’s fee
schedule.
6.04.160 Use of Fees and Fines.
DI.C Page 54 of 81
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Ordinance No. 6424
October 3, 2012
Page 20 of 22
All fees and fines collected under this chapter shall be deposited in the general fund to be
applied solely to animal services. The City is authorized to accept credit and bank card
payments for fees and penalties imposed under this Chapter.
6.04.170 Puppies and Kittens.
A. It is a violation to sell or give away puppies unless the puppies were born to a dog
licensed as an unaltered animal.
B. It is a violation to sell or give away kittens unless the kittens were born to a cat
licensed as an unaltered animal.
C. If the owner provides proof to the court that the dog or cat that bore the puppies or
kittens was subsequently spayed and is currently licensed, the court shall consider this
a mitigating factor in determining the whether to impose a penalty or the amount of
any penalty that is imposed.
D. Any advertisement, sign, placard, or notice that puppies or kittens are available for
sale or may be obtained free of charge must include the license tag number of the
mother of the puppies or kittens. Failure to include the license tag information is a
violation.
E. This section does not apply to the Humane Society or an animal shelter as defined in
this Chapter.
6.04.180 License Records.
The City shall keep a record of the names and addresses of persons to whom licenses are
issued, the number and date of the license, and the amount paid for the same. Every pet
owner must notify the City if the owner moves the animal to a new address or if the
owner changes his or her mailing address.
6.04.190 Counterfeit and Imitation Tags.
No person shall create, sell, deliver, use, or possess imitation or counterfeit license tags.
Violation of this section is a gross misdemeanor.
Section 4. Repealing Auburn City Code. That Section 6.35.010 of
the Auburn City Code is hereby repealed.
DI.C Page 55 of 81
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Ordinance No. 6424
October 3, 2012
Page 21 of 22
Section 5. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 6. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 7. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
______________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
DI.C Page 56 of 81
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Ordinance No. 6424
October 3, 2012
Page 22 of 22
_________________________
Daniel B. Heid, City Attorney
Published: _________________
DI.C Page 57 of 81
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No.4867 - Animal Licensing Services Agreement
Date:
October 2, 2012
Department:
Planning and Development
Attachments:
Memo
Resolution
Exhibit A
Exhibit B
Budget Impact:
$0
Administrative Recommendation:
For discussion.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Snyder
Meeting Date:October 8, 2012 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 58 of 81
Memorandum
TO: Councilmember Bill Peloza, Chair, Municipal Services Committee
Councilmember Wayne Osborne, Vice-Chair, Municipal Services Committee
Councilmember Largo Wales, Municipal Services Committee
FROM: Kevin Snyder, AICP, Director, Planning & Development Department
CC: Mayor Lewis
DATE: October 3, 2012
SUBJECT: INFORMATION & DISCUSSION: Resolution No. 4867 – Animal Licensing Services
Agreement with PetData, Inc.
The City of Auburn will be taking over animal control and licensing services from King County
effective January 1, 2013. Staff from several different departments previously analyzed the cost
benefits of the provision of animal licensing services by City staff versus a private sector service
provider. Staff concluded based on current staffing resources, staff knowledge and capacity and
information technology resources that a private sector service provider would be a more cost efficient
option. Resolution No. 4867 would authorize an Agreement for Services (Exhibit A) for the provision
of animal licensing services from PetData, Inc (Exhibit B). Staff looked at possible service providers
and concluded that PetData, Inc. is the most capable of providing needed animal licensing services.
PetData, Inc. currently provides animal licensing services to the Cities of Bothell and Lakewood and
the Town of Steilacoom.
Staff is presenting this information for Committee discussion. However, it would be beneficial for staff
and the proposed service provider if the Agreement for Services could be in effect by November 1,
2012 to allow adequate time to complete program start-up efforts. Therefore, if the Committee is
supportive of the Resolution and associated Agreement as presented or with modifications identified
by the Committee, staff would request that the Committee consider moving this item forward as an
action item and make a recommendation to the City Council to approve the Resolution and
associated Agreement. If the Committee chooses to take action, staff will bring the Resolution and
associated Agreement to the Finance Committee for discussion and City Council for adoption on
October 15, 2012.
DI.D Page 59 of 81
----------------------------
Resolution No. 4867
October 2, 2012
Page 1 of 2
RESOLUTION NO. 4 8 6 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF AUBURN AND PETDATA, INC.
FOR ANIMAL LICENSING SERVICES
WHEREAS, the City of Auburn will be bringing Animal Control and Services,
including animal licensing, under full City control as of January 1, 2013; and
WHEREAS, after analyzing available staff and information technology resources,
staff recommends that the City contract the licensing function out to a private company;
and
WHEREAS, after reviewing available options staff has determined that PetData,
Inc. is capable of providing quality service as of January 1, 2013.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to execute an
Agreement between the City and PetData, Inc., of Dallas, Texas, for Animal Licensing
Services which agreement shall be in substantial conformity with the agreement
attached hereto as Exhibit A and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2012.
CITY OF AUBURN
DI.D Page 60 of 81
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Resolution No. 4867
October 2, 2012
Page 2 of 2
_________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
DI.D Page 61 of 81
EXHIBIT A
Animal Licenses Service Agreement
October 2, 2012
Page 1 of 12
AGREEMENT FOR ANIMAL LICENSING SERVICES
THIS AGREEMENT is made and entered into by and between the City of Auburn, 25 W.
Main Street, Auburn, Washington 98001, hereinafter called “CITY,” and PETDATA,
INC., a Texas corporation, hereinafter called “CONTRACTOR,” as of the date last
signed by either party (the “Commencement Date”).
1. DESCRIPTION OF WORK
For the consideration set forth below, CONTRACTOR shall provide to CITY certain
animal licensing services described in Exhibit A attached hereto and incorporated herein
by reference. The Services are to be performed in a good and workmanlike manner
subject to the terms of this Agreement.
CITY warrants that all historical data, consisting of licenses older than ninety days, has
been entered into CITY database and is available in a readily importable electronic
format. Furthermore, CONTRACTOR may be provided with remaining animal licensing
supplies by CITY, and if so, CONTRACTOR shall assume responsibility for the
reasonable cost of shipping said supplies.
2. INDEPENDENT CONTRACTOR STATUS
It is the express intention of the parties that CONTRACTOR is an independent contractor
and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement
shall be interpreted or construed as creating or establishing the relationship of employer
and employee between CITY and CONTRACTOR or any employee or agent of
CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for
state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or
benefits afforded to CITY’s employees, including, without limitation, disability or
unemployment insurance, workers’ compensation, medical insurance, sick leave,
retirement benefits or any other employment benefits. CONTRACTOR shall retain the
right to perform services for others during the term of this Agreement.
3. OVERSIGHT AND COORDINATION
All Services under this Agreement shall be coordinated under, and performed to the
reasonable satisfaction of the Mayor of CITY or his or her designated representative.
DI.D Page 62 of 81
4. CONTRACTOR ACKNOWLEDGMENT
CONTRACTOR acknowledges that, prior to signing this Agreement, CONTRACTOR
has become acquainted with matters relating to the performance of this Agreement and
the terms and conditions of this Agreement. However, CONTRACTOR shall determine
the method, details and means of performing the above-described Services and CITY
shall have no right to, and shall not, control the matter or determine the method of
accomplishing CONTRACTOR’s services. CONTRACTOR shall perform the services
required by this Agreement at any place or location and at such times as CONTRACTOR
shall determine is necessary to properly and timely perform CONTRACTOR’s services.
5. FEES
A. Base Fees
CONTRACTOR shall receive base fees as follows:
1) $3.90 per license for a one-year license or a replacement tag.
2) $2.50 Collection Service Fee for each late fee and/or citation fee collected during the
term of this Agreement, if applicable.
For purposes of this Agreement, CONTRACTOR shall receive the fees set forth in
Sections 5(A) for all animal licenses issued during the Term of this Agreement, including
those licenses issued by the CITY, veterinarians, or any other persons authorized to issue
animal licenses on behalf of the CITY.
B. Start-Up Fee
In addition, CITY shall pay to CONTRACTOR, a $1,000, one-time only, “Start-Up Fee”.
The Start-Up Fee is due upon execution of the Agreement by CITY. There are no Start-
Up Fees for term extensions and/or renewals.
C. Postal Surcharge
Note: Postal Surcharge. In the event that the United States Postal Service increases its
postage rates during the term of this contract in a manner that affects CONTRACTOR’S
cost to provide service to CITY, both parties agree that CONTRACTOR’S fees may be
adjusted to compensate CONTRACTOR for actual increased costs. CONTRACTOR will
notify CITY thirty days prior to the date that the increase will go into effect.
D. Additional Service Fees
The following fee(s) will only apply if services are requested by CITY.
1. Cost of Separate Account: In the event that CITY requests that CONTRACTOR
establishes and/or maintains a separate bank account on behalf of CITY, CITY will be
DI.D Page 63 of 81
EXHIBIT A
Animal Licenses Service Agreement
October 2, 2012
Page 3 of 12
responsible for the actual cost of the bank account. Any bank fees will be paid directly by
CONTRACTOR and CONTRACTOR will be reimbursed for those fees on a monthly
basis. CITY can request copies of the bank statements at any time and CONTRACTOR
will provide bank statements within five business days after requests are received by
CONTRACTOR.
2. Bank Deposit Mailing Fees: In the event that CONTRACTOR is required to deposit
money into a CITY bank account other than at a local branch in Irving, TX, the actual
cost to mail, deliver or courier the deposits to CITY’S bank will be added to the invoice
submitted to CITY.
3. Postal Box/Mail Forwarding Fee: In the event that CITY requests CONTRACTOR to
establish a local post office box for mail collection and forwarding, CITY will be billed
for the actual costs of mail box rental, mail forwarding and postage fees.
4. Supply Fee: In the event that CITY requests changes to supplies which it has
previously approved, CITY will be responsible for the actual costs associated with
changing, replacing or discontinuing the use of the previously approved supplies.
5. Lock Box Fees: In the event that CITY utilizes a lockbox, the actual fees and costs
associated with the lockbox, including the cost to forward mail to CONTRACTOR from
a lockbox, shall be borne solely by CITY.
E. Charges to Licensee
(1) For purposes of this Agreement “Licensee” shall be defined as a person who obtains
an animal license during the term of this Agreement. For purposes of this Agreement, the
CITY agrees that CONTRACTOR may charge a One Dollar Ninety-five Cent ($1.95)
Online Transaction Fee. This fee may be charged for each online transaction engaged in
by a Licensee.
(2) If CONTRACTOR establishes a depository account on behalf of City,
CONTRACTOR shall be entitled to charge a cost-recovery fee of no more than twenty-
five dollars ($25.00) to any individual who submits a check or payment which is not valid
or otherwise returned for any reason
6. ADDITIONS/DELETIONS OF SERVICE
CITY reserves the right to add and/or delete services to this Agreement subject to
CONTRACTOR’S approval. Should additional services be required from this
Agreement, prices for such additions will be negotiated between the CONTRACTOR and
CITY. Should a service requirement be deleted from this Agreement, no adjustments for
such deletions will be made.
DI.D Page 64 of 81
7. REPORTS
Within 15 business days after the end of each calendar month during the term hereof,
CONTRACTOR shall submit an animal licensing summary report to CITY. The format
of the report is to be mutually agreed upon and may be transmitted electronically or by
any other means.
8. PAYMENT
CONTRACTOR shall deposit all animal license fees into a segregated bank account at its
bank set up solely for the purpose of administering this contract. Within 15 business days
after the end of each calendar month, CONTRACTOR shall remit fees for licenses sold
to ANIMAL SERVICES via check, less all fees due the CONTRACTOR.
Under this Agreement if in any given month, there are not enough funds to cover the
ANIMAL SERVICES’ fees due to CONTRACTOR, CONTRACTOR will deduct those
fees from ANIMAL SERVICES’ balance in the following month or months until fees are
paid in full. In the event any animal license fees are paid directly to ANIMAL
SERVICES by a citizen or veterinarian, ANIMAL SERVICES shall either forward these
fees to the CONTRACTOR within fifteen business days or deposit these fees into its
ANIMAL SERVICES account and report the collected fees to CONTRACTOR within
fifteen business days.
9. TERM
The initial term of this Agreement shall commence on the Commencement Date and shall
expire at the end of the 24th month after the Commencement Date unless this Agreement
is sooner terminated in accordance with the other provisions of this Agreement. Two
twelve-month renewal options, at the then-prevailing market rates, may be exercised
based on the mutual written agreement of both CONTRACTOR and CITY.
IMPORTANT: TRANSITION PHASE
CONTRACTOR plans to begin processing licenses 60 days after the date that the
contract is executed provided that the following requirements are met by CITY:
1. CONTRACTOR requires that CITY provide historical license data files (“Data’)
within 5 business days after the date that the contract is executed;
2. In addition, CONTRACTOR requires certain supplies, data, feedback, process
information and approvals for such items as form designs (“Deliverables”) in order for
CONTRACTOR to begin servicing this contract in a timely manner. Deliverables will be
requested throughout the 60-day transition phase. CITY shall provide Deliverables within
5 business days from date of request. Provided, that CONTRACTOR will not be
responsible for delays in implementing this Contract when those delays are caused by the
City failing to provide Deliverables. The timetable in Exhibit A, “Scope of Services”
DI.D Page 65 of 81
EXHIBIT A
Animal Licenses Service Agreement
October 2, 2012
Page 5 of 12
with regards to processing time for data entry and tag mailings are contingent upon all
Deliverables being provided to CONTRACTOR in a timely manner.
10. PERMITS
CONTRACTOR shall obtain the necessary permits(s), if any, required by CITY or its
governing ordinances and administrative regulations for the performance of the Services.
CITY agrees to provide CONTRACTOR with a list of any and all such permits and to
work with CONTRACTOR in good faith to aid it in obtaining any such permits in a
timely fashion.
11. DATA OWNERSHIP & DATA TRANSFER
CONTRACTOR agrees that it will not use personal data collected on behalf of CITY for
any purposes other than for the performance of the Services and other purposes under this
Agreement without the express written consent of CITY, except as provided in the
Agreement or applicable laws. CONTRACTOR specifically agrees that it will not
intentionally sell, transfer, or release personal data it has collected in fulfilling the terms
of this Agreement to any third party. CONTRACTOR agrees that any intentional sale,
transfer or release of animal licensing data represents an event of default and CITY has
the right to terminate this contract.
In the event that this Agreement is terminated in accordance with Section 15:
Termination, CONTRACTOR agrees to return and/or transfer all animal licensing data to
CITY within ten (10) days after receiving payment in full at the completion of the final
term of this Agreement. CONTRACTOR will provide licensing data to CITY in a
readily-importable format.
CONTRACTOR agrees that records it acquires or creates as a result of this Agreement
are subject to Washington State’s Public Records Act, Chapter 42.56 of the Revised Code
of Washington (“PRA”). CONTRACTOR will not release any records, but will instead
refer any person requesting data related to this Agreement to the Auburn City Clerk’s
Office. CONTRACTOR will respond to any request for records from the City within 5
working days. If CONTRACTOR believes that any records in its possession are exempt
from disclosure under the PRA, it must notify the City Clerk of the basis for the
exemption. If the exemption is based on trade secrets or proprietary information,
CONTRACTOR agrees to defend indemnify, and hold the CITY harmless from all costs,
including fines and attorneys fees, that the City may incur based on asserting those
exemptions.
12. INDEMNITY
DI.D Page 66 of 81
CONTRACTOR agrees to defend, indemnify and hold CITY, its officers, agents and
employees, harmless against any and all claims, lawsuits, judgments, costs and expenses
for personal injury (including death), property damage or other harm for which recovery
of damages is sought, suffered by any person or persons, that may arise out of or be
occasioned by CONTRACTOR’S gross negligence, willful breach of this Agreement,
willful misconduct or strict liability in the performance of the Services. In the event of
joint and concurring responsibility of CONTRACTOR and CITY, responsibility and
indemnity, if any, shall be apportioned comparatively in accordance with the laws of the
State of Washington. The provisions of this paragraph are solely for the benefit of the
parties hereto and are not intended to create or grant any rights, contractual or otherwise,
to any other person or entity.
13. COMPLIANCE WITH CODES
CONTRACTOR shall, during the performance of the Services, comply with all codes and
ordinances, as amended, applicable to the performance of the Services.
14. INSURANCE REQUIREMENTS
In addition to any other obligations under this Agreement, CONTRACTOR shall, at no
cost to CITY, obtain and maintain throughout the term of this Agreement: (a)
Commercial Liability Insurance with a minimum combined single limit coverage of
$1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or
death to any person, and damage to property, including the loss of use thereof; (b)
Workers Compensation coverage as required by the State of Texas; (c) Employee
Dishonesty coverage with limits of $50,000. As a condition precedent to CITY’S
obligations under this Agreement, CONTRACTOR shall furnish evidence of such
coverage that requires forty-five (45) days written notice of policy lapse or cancellation
or of a material change in policy terms.
15. TERMINATION
1) Termination for Cause. CITY may, at its option and without prejudice to any other
remedy it may be entitled by law or in equity, or elsewhere under this Agreement,
terminate further work under this Agreement due to a material default by
CONTRACTOR in the performance of the Services under this Agreement but if and only
if CONTRACTOR fails to cure the default within thirty (30) days after being given
written notice of such default by CITY.
2) Termination for Convenience. CITY may terminate this Agreement without cause
upon ninety (90) days written notice to CONTRACTOR. CONTRACTOR may also
terminate this Agreement without cause upon ninety (90) days written notice to CITY.
3) In the event of termination, CONTRACTOR will be paid for those licenses that are in
process at the time this Agreement expires or as of the effective date of the termination,
DI.D Page 67 of 81
EXHIBIT A
Animal Licenses Service Agreement
October 2, 2012
Page 7 of 12
but CONTRACTOR will not be paid for any licenses that are not already in process after
the effective termination date of the Agreement. CONTRACTOR will be paid for any
supplies ordered before the date of the notice of termination. CONTRACTOR will be
reimbursed for bank or other charges that accrue between the date of the notice of
termination and the effective date of the termination.
16. UNFORESEEN CIRCUMSTANCES
CONTRACTOR shall not be responsible for any delay or omission caused by natural
disaster, war, civil disturbance, labor dispute or other cause beyond CONTRACTOR’s
reasonable control, provided CONTRACTOR gives written notice to CITY of the cause
of the delay or omission within ten (10) days after the occurrence of the event causing
such delay or omission.
17. AUDIT
CITY, through its authorized employees, representatives or agents, shall have the right, at
any and all reasonable times, during the term of this Agreement and for a period of three
years following the term of this Agreement to audit the books and records of
CONTRACTOR at CONTRACTOR’S place of business for the purpose of verifying any
and all charges made by CONTRACTOR in connection with this Agreement.
CONTRACTOR may elect to maintain books, records and documents in an electronic
format, in a database, on paper, or a combination of the aforementioned. After the
termination of the contract, paper records and supporting documents will either he
shipped to CITY or destroyed, at CITY’S option, at CITY’S expense. Records that relate
to any litigation, appeals, or settlements of claims arising from performance under this
Contract shall be made available until a final disposition has been made of such litigation,
appeals, or claims.
18. NOTICES
Any notice, payment, statement, or demand required or permitted to be given hereunder
by either party to the other shall be effected by personal delivery in writing or by mail,
postage prepaid. Mailed notices shall be addressed to the parties at the addresses
appearing below, but each party may change its address by written notice in accordance
with this section. Mailed notices shall be deemed communicated as of three days after
mailing.
Notices for CITY shall be addressed to:
Planning and Development Department
ATTN: Administrative and Business Services Manager
City of Auburn
25 W. Main Street, Auburn, WA 98001
DI.D Page 68 of 81
Notices for CONTRACTOR shall be addressed to:
Chris Richey, President
PetData, Inc.
PO Box 141929
Irving, TX 75014-1929
19. MISCELLANEOUS
A. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. Venue for disputes about this Agreement shall be in Superior Court
for King County, Washington or the Western District of Washington, as appropriate.
B. Entire Agreement
This Agreement embodies the complete agreement of the parties hereto, superseding all
oral or written previous and contemporary agreements between the parties relating to
matters herein; and except as otherwise provided herein, cannot be modified without the
written agreement of the parties.
C. Severability
In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof and this
Agreement shall be considered as if such invalid, illegal, or unenforceable provision had
never been contained in this Agreement.
D. Amendment & Modification
No amendments, modifications, alterations or changes to the terms of this Agreement
shall be effective unless and until made in a writing signed by both parties hereto.
E. Successors and Assigns
This Agreement shall be binding upon and insure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and, except as otherwise
provided in this Agreement, their assigns.
F. Attorneys’ Fees
If any action at law or in equity, including an action for declaratory relief, is brought to
enforce or interpret the provisions of this Agreement, the prevailing party will be entitled
to reasonable attorneys’ fees, which may be set by the court in the same action or in a
separate action brought for that purpose, in addition to any other relief to which that party
may be entitled.
DI.D Page 69 of 81
EXHIBIT A
Animal Licenses Service Agreement
October 2, 2012
Page 9 of 12
G. Conflict of Interest
CONTRACTOR certifies that to the best of its knowledge, no CITY employee or officer
of any public agency interested in this Agreement has any pecuniary interest in the
business of CONTRACTOR and that no person associated with CONTRACTOR has any
interest that would constitute a conflict of interest in any manner or degree as to the
execution or performance of this Agreement.
H. Waiver
The parties agree that waiver by the other of any one or more of the conditions of
performance under this Agreement shall not be construed as waiver(s) of any other
condition of performance under this Agreement.
I. Captions
The captions to the various clauses of this Agreement are for information purposes only
and shall not alter the substance of the terms and conditions of this Agreement.
J. Authorization
Each of the parties represents and warrants to the other that this Agreement has been duly
authorized by all necessary corporate or governmental action on the part of the
representing party and that this Agreement is fully binding on such party.
K. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
L. Entire Agreement
This Agreement supersedes any and all prior agreements, whether oral or written,
between the parties hereto with respect to the rendering of services by CONTRACTOR
for CITY and contains all the covenants and agreements between the parties with respect
to the rendering of such services in any manner whatsoever. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which
are not embodied herein, and that no other agreement, statement or promise not contained
in this Agreement shall be valid or binding.
No other agreements or conversation with any officer, agent or employee of CITY prior
to execution of this Agreement shall affect or modify any of the terms or obligations
DI.D Page 70 of 81
contained in any documents comprising this Agreement. Such other agreements or
conversations shall be considered as unofficial information and in no way binding upon
CITY.
EXECUTED by CITY and by CONTRACTOR as of the date set forth below,
CITY OF AUBURN
_______________________________
Peter B. Lewis, Mayor Date
Attest:
_______________________________
Danielle Daskam, City Clerk
Approved as to Form:
_______________________________
Daniel B. Heid, City Attorney
PETDATA, INC.
_______________________________
Chris Richey, President Date
Petdata, Inc.
DI.D Page 71 of 81
EXHIBIT A
Animal Licenses Service Agreement
October 2, 2012
Page 11 of 12
Exhibit A — Scope of Services
1. Manage the daily operations of animal licensing including the processing of licensing
mail from pet owners, processing license sales and vaccination reports, entering licensing
and vaccination data, providing customer service and depositing money.
2. Provide veterinarians and other authorized registrars with reasonable quantities of
supplies (reporting forms, vaccination certificates, citizen mailing envelopes, etc.)
necessary to sell license tags and/or report information on citizens vaccinating their
animals against rabies to the Animal License Program. Supplies are to be printed in one
color with the design and layout to be determined by CONTRACTOR.
CONTRACTOR is responsible for ordering license tags to CONTRACTOR’S
specifications. The cost to purchase tags and to ship tags to CONTRACTOR and
veterinarians and any authorized registrars will be paid directly by CONTRACTOR and
CONTRACTOR will be reimbursed by CITY for the actual cost to purchase and to ship
the tags.
3. Track monthly vaccination and/or sales reports from all veterinarians participating in
animal licensing program and keep record of all tag inventories at authorized registrars.
Provide this information to CITY as requested. Furthermore, CONTRACTOR will
communicate directly with veterinarians as requested by CITY.
4. Enter all new and renewal licenses into CONTRACTOR’s proprietary database
provided that all information has been submitted to CONTRACTOR in a complete and
accurate format.
5. Process and mail license tags within ten business days after receipt of the licensing
payment and complete documentation as required by local ordinance.
6. Issue replacement tags to citizens whose license tags have been lost, stolen or
damaged.
7. Process rabies vaccination certificates on behalf of CITY and mail notices to those pet
owners who vaccinated their pet(s) against rabies, but did not purchase license(s).
8. Mail renewal and reminder notices to pet owners who have a prior license. Mailing
timetables are to be mutually agreed upon.
9. Deposit all receipts collected for pet licenses into a separate bank account set up solely
for the purpose of managing ANIMAL SERVICES’ animal licensing funds.
CONTRACTOR will send license revenue less CONTRACTOR’S fees and bank fees to
ANIMAL SERVICES within fifteen business days after the end of every month.
DI.D Page 72 of 81
10. Provide a monthly report of animals licensed. Format of report is to be mutually
agreed upon.
11. Provide statistical reports as requested within a timely manner. Depending on the
information requested, CONTRACTOR can provide most reports within five business
days.
12. Provide access to licensing data online to appropriate personnel via
CONTRACTOR’s proprietary website, PetAccess, at no additional charge.
13. Respond to and communicate with animal control officer inquiries or animal owners’
requests in a timely fashion.
14. Communicate with citizens by phone, mail or email as needed.
15. Comply with all state and local laws governing animal licensing.
DI.D Page 73 of 81
Animal
licensing
is
a
time-‐consuming
and
labor-‐intensive
program.
Many
agencies
do
not
have
sufficient
staff
to
meet
the
needs
of
their
residents,
much
less
have
time
for
a
proactive
animal
license
program.
It
can
be
difficult
for
a
city
to
allocate
sufficient
staff
time
to
field
thousands
of
phone
calls
related
to
animal
licensing,
process
the
mail,
enter
records
in
a
database
and
issue
a
license
tag.
By
hiring
PetData
to
do
all
these
tasks,
Auburn’s
staff
is
free
to
provide
more
direct
services
to
the
community.
Started
in
1994,
PetData
is
the
only
private
company
providing
turnkey
animal
licensing
services
to
municipalities.
PetData
does
not
subcontract
work.
All
of
our
operations,
including
our
mail
processing
and
customer
service
call
center,
are
located
at
our
Farmers
Branch,
Texas
headquarters.
PetData’s
employees
have
the
collective
equivalent
of
over
135
years
experience
running
animal
licensing
operations
on
behalf
of
our
clients.
PetData
has
implemented
over
50
licensing
programs
across
the
country,
and
has
issued
over
5
million
animal
licenses.
PetData’s
animal
license
service
provides:
ØCustomized
Forms
ØCustomized
Website
ØCustomized
Phone
Greeting
ØProfessional
Call
Center
ØPetLicense
Online
Licensing
ØAccept
Donations
from
Citizens
ØOnline
Tag
lookup
PetData
also:
§Mails
all
notices
§Processes
all
licenses
§Reports
license
activity
monthly
§Provides
24/7
secure
access
to
data
via
PetAccess
PetData
agrees
that
animal
licensing
data
at
all
times
belongs
to
Auburn
and
that
at
no
point
in
time
does
PetData
ever
own
the
data.
PetData
will
not
use
personal
data
collected
on
behalf
of
the
municipality
for
any
purposes
other
than
those
described
in
the
Scope
of
Services
unless
specifically
directed
by
the
City
of
Auburn.
Furthermore,
PetData
specifically
agrees
that
it
will
never
sell,
intentionally
transfer
or
release
personal
data
it
has
collected
in
fulfilling
the
terms
of
this
contract
to
a
third
party.
DI.D Page 74 of 81
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4868 - Fee Schedule
Date:
October 3, 2012
Department:
Planning and Development
Attachments:
Memo
Resolution
Budget Impact:
$0
Administrative Recommendation:
For discussion.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Finance, Municipal Services
Councilmember:Peloza Staff:Snyder
Meeting Date:October 8, 2012 Item Number:DI.E
AUBURN * MORE THAN YOU IMAGINEDDI.E Page 75 of 81
Memorandum
TO: Councilmember Bill Peloza, Chair, Municipal Services Committee
Councilmember Wayne Osborne, Vice-Chair, Municipal Services Committee
Councilmember Largo Wales, Municipal Services Committee
FROM: Kevin Snyder, AICP, Director, Planning & Development Department
CC: Mayor Lewis
DATE: October 3, 2012
SUBJECT: INFORMATION & DISCUSSION: Resolution No. 4868 – Modification to City of
Auburn Master Fee Schedule for Animal License Fees
The City of Auburn will be taking over animal control and licensing services from King County
effective January 1, 2013. Staff is recommending the establishment and implementation of animal
license fees to provide a revenue source for program administrative and operation costs. Resolution
No. 4868 proposes new animal license fees for inclusion in the City’s Master Fee Schedule. Staff is
seeking City Council approval of these prior to November 1, 2012 in order to allow staff and the City’s
proposed animal services provider adequate time to complete program start up costs. The actual
effective date of the fees would not be until January 1, 2013; however, Council’s approval of
Resolution No. 4868 prior to or by November 1, 2012 would provide staff and the proposed service
provider with certainty on the fees to be charged.
The proposed animal license fees are all $5.00 greater than the current fees charged by King County,
except for the senior and disabled fees, which are the same. Staff believes the slight increase in
these fees is justified because of the benefits resulting from enhanced customer service delivery from
the City and the presence of an animal shelter facility in the City of Auburn. The slight increase in fees
will allow the City to address the costs of these direct benefits, particularly the provision of animal
shelter services by the Auburn Valley Humane Society. The proposed replacement tag fee is the
same as King County’s fee. The proposal to not charge for a verified service animal is also consistent
with King County. The proposed late fee penalties are consistent with the current penalties
implemented by King County.
Staff is presenting this information for Committee discussion. However, it would be beneficial for staff
and the proposed service provider if the Agreement for Services could be in effect by November 1,
2012 to allow adequate time to complete program start-up efforts. Therefore, if the Committee is
supportive of the Resolution as presented or with modifications identified by the Committee, staff
would request that the Committee consider moving this item forward as an action item and make a
recommendation to the City Council to approve the Resolution t. If the Committee chooses to take
action, staff will bring the Resolution to the Finance Committee for discussion and City Council for
adoption on October 15, 2012.
DI.E Page 76 of 81
----------------------------
Resolution No. 4868
October 2, 2012
Page 1 of 3
RESOLUTION NO. 4 8 6 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO MODIFY THE CITY OF AUBURN
MASTER FEE SCHEDULE FOR THE PURPOSE OF
ADDDING A NEW SECTION ENTITLED ANIMAL LICENSE
FEES
WHEREAS, the City of Auburn will be bringing Animal Control and Services,
including animal licensing, under full City control as of January 1, 2013; and
WHEREAS, staff recommend that fees for the licensing of animals be
established and implemented to provide a revenue source for program administrative
and operational costs; and
WHEREAS, Council approval of these licensing fees is currently needed to allow
the City’s animal licensing vendor adequate time to be able to develop the City’s
specific animal licensing program prior to January 1, 2013; and
WHEREAS, the animal licensing fees authorized by this Resolution do not need
to be effective until January 1, 2013.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to modify the
City of Auburn Master Fee Schedule to add a new section entitled “Animal License
Fees” that will be in substantial conformity with Exhibit A attached hereto and
incorporated herein by this reference.
Section 2 That the fees specified in Exhibit A shall take effect on January 1,
2013.
DI.E Page 77 of 81
----------------------------
Resolution No. 4868
October 2, 2012
Page 2 of 3
Section 3. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, and the
City Clerk is authorized to insert the Animal License Fees in the City of Auburn Fee
Schedule at an appropriate location therein.
Section 4. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2012.
CITY OF AUBURN
_________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
DI.E Page 78 of 81
----------------------------
Resolution No. 4868
October 2, 2012
Page 3 of 3
EXHIBIT A
Animal License Fees
Type Comments Cost
Juvenile 8 weeks to 6 months of age $20.00
Altered Proof of spay/neuter required $35.00
Unaltered $65.00
Senior Proof that pet is altered and proof that owner is 62 years of age
or older consistent with ACC 13.24 is required
$15.00
Disabled Proof that pet is altered and proof of disability required $15.00
Service
Animal
With a signed statement, on the City Form, indicating that the
owner of the animal has a disability and that the animal is a
service animal, no license fee shall be charged by the City.
$0.00
Replacement
Tag
$5.00
Late Payment Penalty
Days Past Expiration Type Additional Cost
45-90 Late fee $15.00
91-135 Late fee $20.00
136-364 Late fee $30.00
365 or more Late fee $30.00 + prior year's license fee
DI.E Page 79 of 81
AGENDA BILL APPROVAL FORM
Agenda Subject:
Matrix
Date:
October 2, 2012
Department:
Police
Attachments:
Matrix
Budget Impact:
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:October 8, 2012 Item Number:DI.F
AUBURN * MORE THAN YOU IMAGINEDDI.F Page 80 of 81
MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX
E:\AGENDA\MunicipalServicesPaperlessPacket\2012\19 - October 8\Resources\Matrix 9-24-12.xls
NO.PROJECT DESCRIPTION LEAD COST REVIEW DATE EST. COMPL.
DATE STATUS
10P Red Light Photo Enforcement Bob Lee 10/22/2012
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-Mar); July
(Prev Apr-June); October (Prev July-Sept) 2nd meeting of the
month. Discussion to be held at COW on 7/30/12.
20P Animal Control and Rescue Kevin Snyder TBD On-Going
Council meeting 6/21 approved 2.5 year ILA for King
County Animal Services. On 9/19/11 Council approved
Resolution No. 4747 for Professional Services
Agreement. (Animal Shelter and Service beginning
January 1, 2012 with actual operations beginning
January 1, 2013). Member Wales will attend the Board
meeting on 10-4-12 for AVHS.
24P Fireworks Update Bob Lee TBD On-Going
Fireworks status updated on 8/13/12. Mayor to
schedule M.I.T. meeting in early 2013 to address
fireworks.
26P Graffiti Program Planning/Police On-Going Hotline Phone No. 931-3048 Ext. 7
27P Animal Control Licensing Program Michael Hursh 10/22/2012
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-Mar); July
(Prev Apr-June); October (Prev July-Sept) 2nd meeting of the
month.
28 P Solid Waste Rate Review Shelley Coleman 11/13/2012
Review rate structure, solid waste fund balance and CPI
application. Has the revised Rate Model done it's job?
The Committee as a goal will pursue a minimum 10%
commercial subsidy reduction until the cross-sector
commercial subsidy is removed. Through MSWMAC
input from other cities will help COA determine if it will
change to direct billing and this will be included in the
2012 review in June.
29P Golf Course Working Capital Review and
Future Plans Shelley Coleman 10/22/2012 On-Going
Quarterly Reports: Jan (Prev Oct-Dec); April (Prev Jan-Mar); July
(Prev Apr-June); October (Prev July-Sept) 2nd meeting of the
month. 6/25/12 for golf course operations marketing plan
review.
30P Street Median Maintenance Daryl Faber 10/22/2012
Committee will work with PCDC and PW to develop and
implement standardized approach to street median
maintenance and appearance.
31P Cemetery Update Daryl Faber 9/24/2012 Marketing plan to be presented on 9/24/12.
32P Towing Bob Lee 9/10/2012 Follow-up report from 7/9 meeting.
NO.ITEM OF INTEREST
3 I Shopping Cart Update Randy Bailey 1/14/2013 January (Prev July-Dec), July (Prev Jan-June)
4 I Ordinance No. 6398 - Pull Tabs Dan Heid 2/11/2013
Annual review of taxation basis to determine if any
changes need to be made -dependent upon status of
economy. Ordinance No. 6398 was enacted 2/21/12.
Last Revision Date: 9/24/12
DI.F Page 81 of 81