The URL can be used to link to this page

Home My WebLink About11-13-2012 Agenda Packet (2) Municipal Services Committee November 13, 2012 - 3:30 PM Council Conference Room AGENDA I.CALL TO ORDER A.Roll Call B.Announcements C.Agenda Modifications II.CONSENT AGENDA A. October 22, 2012 Meeting Minutes* III.ACTION A. Resolution No. 4872* (Coleman) A Resolution of the City Council of the City Of Auburn, Washington, supporting creation of a secure, convenient medicine return program in King County to reduce the public safety and environmental impacts of unwanted medicine B. Ordinance No. 6438* (Coleman) IV.DISCUSSION ITEMS A. Financial Options Available to the City of Auburn* (Coleman) B. Resolution No. 4880* (Coleman) A Resolution of the City Council of the City of Auburn, Washington, amending the City of Auburn Fee Schedule to adjust for 2013 fees C. Auburn Golf Course and School District Golf Play Policy Discussion* (Faber) The City of Auburn and the Auburn School District have a long and positive relationship of reciprocating Athletic Fields and Gymnasium/School space. Presently, the only time the city is charged for an activity is when the activity requires an additional cost such as Union Labor for Sound, Light or Custodial (Performing Arts Center & After School Program). The City has not charged the ASD for any additional cost for park athletic fields or the Golf Course. D. Ordinance No. 6424 - Animal Control and Licensing* (Snyder) Review draft Ordinance No. 6424 - Amendments to Title 6 (animals) pertaining to animal control and animal licenses E. Resolution No. 4868 - Fee Schedule* (Snyder) Review draft Resolution No. 4868, modification to City of Auburn master fee schedule for animal licensing fees. Page 1 of 125 F. Matrix* V.ADJOURNMENT 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 125 AGENDA BILL APPROVAL FORM Agenda Subject: October 22, 2012 Meeting Minutes Date: November 7, 2012 Department: Police Attachments: October 22, 2012 Meeting Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:November 13, 2012 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 125 Municipal Services Committee October 22, 2012 - 3:30 PM Council Conference Room MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in the Council Conference Room of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Peloza, Vice Chair Wayne Osborne, Member Wales. Staff present: Mayor Pete Lewis, Councilmember John Partridge, Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, Finance Director Shelley Coleman, Public Works Director Dennis Dowdy, Planning and Development Director Kevin Snyder, Parks, Arts and Recreation Director Daryl Faber, Interim Innovation and Technology Director Reba Stowe, Assistant City Attorney Steven Gross, Mayor's Advisor Michael Hursh, Project/Construction Manager Steve Burke, Administrative and Business Services Manager Darcie Hanson, Solid Waste and Recycling Supervisor Joan Nelson, Crime Analyst Joe Ryan, Financial Analyst Tamara Baker and Police Administrative Secretary/Scribe Terry Mendoza. Others present: Citizen Scot Pondelick and Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. October 8, 2012 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Wales seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. ACTION A. Resolution No. 4871 (Stowe) Interim IT Director Reba Stowe provided information to the Council on entering into an Interlocal Agreement with Federal Way to share the Page 1 of 5 CA.A Page 4 of 125 cost of developing a software interface to support the new Valley Com Computer Aided Dispatch (CAD) system. With the new CAD system being brought online in late 2013, each of the Cities will need an Interface to facilitate the automated retrieval of incident data from the CAD system into their respective Police Records Management system. The Interface is not included as part of the CAD project and will need to be developed separately. The agreement is between the four Cities (Federal Way, Des Moines, Black Diamond and Auburn) that use Spillman Police Records Management to share the cost of developing the Interface. Federal Way will take the lead. Committee discussion followed. Vice Chair Osborne moved to forward as amended to full Council for consideration. Member Wales seconded. Chair Peloza concurred. MOTION PASSED: 3-0 IV. DISCUSSION ITEMS A. Financial Options Available to the City (Coleman) Finance Director Shelley Coleman presented information that her staff prepared on financial options available to the City. A summary of remaining sources of City revenues with a detail description provided for each item were provided. Revenue sources discussed include the following: the City's remaining debt capacity (City may issue up to 7.5% of its annual assessed value in three ways); Public Utility tax (City currently assesses a 7.0% tax with the last increase being two years ago); Cable TV Utility tax (City currently assesses a 1.0% utility tax); General B&O taxes (CIty is authorized to levy a business and occupation tax of up to .2% on the gross income or gross receipts); Regulatory License Fees (Business License fees and/or a revenue generating regulatory license fee); a Metropolitan Parks District (MPD) and Transportation Benefit District (TBD). Committee discussion followed. B. Auburn Golf Course Financial Review (Coleman) Parks, Arts and Recreation Director Daryl Faber and Finance Director Shelley Coleman presented a financial update on the Auburn Golf Course. For the third quarter 2012 green fees were down in July and August but significantly increased in September due to great weather. Rounds played were better than projected in August and September. Again, based on weather cart rentals and pro shop sales were lower than anticipated in July and August but were up in September. Overall, revenues in Washington state are down four percent (4%) but Auburn is doing better than the region as we are up by one percent (1%). The plan for next year is to maintain the 2012 green fees but decrease the amount of discounting that's currently being offered. Page 2 of 5 CA.A Page 5 of 125 Daryl will provide information on the high school teams at the next committee meeting. Committee discussion followed. C. 2013-2014 Solid Waste Rates (Coleman) Finance Director Shelley Coleman and Joan Nelson, Solid Waste and Recycling Supervisor, provided the committee with information on their recent Solid Waste Utility rate study. The objective of the study is to ensure that the City's Solid Waste Utility is self-sufficient. King County has increased the tipping fees from $109 per ton to $120.17 per ton for 2013 and the City looks at this as a two year window as that is how long the tipping fees are in effect. In the 2011 the residential subsidy was $320,000 and the goal is to decrease this to $250,000 in 2013. The subsidy in 2013 will actually be $370,000 as we have added approximately 4,000 residents and only about 20 commercial customers. Staff recommends the following to get to what the Committee is requesting based on a $250,000 subsidy: for 2013 a 9% increase to residential customers and 3.8% to commercial customers, and in 2014 a 5.5% increase for residential and 4.7% for commercial. Per Chair Peloza's request, information on the Kirkland direct billing plan will be provided at a future committee meeting. D. Resolution No. 4872 - Medicine Return Program (Coleman) Solid Waste and Recycling Supervisor Joan Nelson presented on King County's proposed Medicine Return Program. Statewide legislation for a medicine take back program has been unsuccessful so the King County Board of Health is now considering this program which would be funded by pharmaceutical manufacturers. The program would help reduce the public safety and environmental impacts of unwanted medicine. Committee discussion followed with the Committee stating their support for Resolution No. 4872. E. Animal Control Licensing Program Update (Hursh) Planning and Development Director Kevin Snyder and Michael Hursh, Advisor to the Mayor, provided the Committee with an update on the Animal Control Licensing Program. The new Public Affairs and Marketing Manager, Glenda Carino, has started her position with the City. Kevin, Michael and Glenda are currently working on revamping the marketing plan. Since the PetData contract transition is underway there is a variety of literature marketing the upcoming changes that will occur in the next sixty (60) days. Marketing includes social media and a postcard mailing. Member Wales commented that the Auburn Valley Humane Society is completely committed to making this program work in our City. Committee discussion followed. F. Resolution No. 4852 - Conservation Grant Agreement (Snyder/Burke) Page 3 of 5 CA.A Page 6 of 125 Project and Construction Manager Steve Burke reviewed the proposed Conservation Grant Agreement between the City of Auburn and Puget Sound Energy for energy conservation measures at the Auburn Justice Center with the Committee. The Facilities division has undertaken a heating, ventilation and air cooling (HVAC) upgrade project at the Justice Center. This project is part of the continuing energy conservation efforts to reduce electric, gas and other resource consumption throughout all city building, facilites and infrastructure. The project was undertaken with an energy savings guarantee provided by the contractor and is eligible for a Puget Sound Energy Conservation Grant in the amount of $35,860. Committee discussion followed. G. Redlight Photo Enforcement Update (Lee) Assistant Chief of Police Bill Pierson provided an update on the Redlight Photo Enforcement. The Auburn PhotoSafe program has not changed much in the last quarter and it continues to have a positive impact on public safety. The number of violations at photo enforced intersections and school zones has been reduced. Committee discussion followed. The Committee requested information to review on the RedLight Contract at their November 26, 2012 regular meeting. H. Matrix The following items have been changed/updated: Item 10P: The review date changed to 11/26/12 - to review RedLight Contract. Item 20P: The review date changed to 11/13/12. Item 24P: The review date changed to 4/8/13. Status updated: Council met with MIT on 10/17/12 and discussed the 2012 APD Fireworks year end report. MIT will continue to provide the City advance notice of vendor fireworks demonstrations. Will also continue to limit discharge area fireworks beginning before 10:00 a.m. during MIT fireworks operations. Item 27P: The review date changed to 12/10/12. Item 29P: The review date changed to 1/14/13. Item 31P: The review date changed to 1/14/13. Status deleted. Item 32P: The review date changed to 2/11/13. Status updated: 2012 end of year report to be presented. V. ADJOURNMENT The meeting was adjourned at 5:15 p.m. The next meeting of the Municipal Services Committee is Tuesday, November 13, 2012 at 3:30 p.m. in the Council Conference Room, City Hall, 25 W. Main Street, Auburn, WA. Page 4 of 5 CA.A Page 7 of 125 Signed this _________ day of November, 2012. _______________________ __________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 5 of 5 CA.A Page 8 of 125 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4872 Date: November 6, 2012 Department: Finance Attachments: Resolution No. 4872 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4872 Background Summary: Statewide legislation for a medicine take back program has been unsuccessful, so the King County Board of Health is now considering a King County Medicine Return Program. The King County program would be funded by pharmaceutical manufacturers. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Staff:Coleman Meeting Date:November 13, 2012 Item Number:ACT.A AUBURN * MORE THAN YOU IMAGINEDACT.A Page 9 of 125 ---------------------------- Resolution No. 4872 October 9, 2012 Page 1 of 3 RESOLUTION NO. 4 8 7 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SUPPORTING CREATION OF A SECURE, CONVENIENT MEDICINE RETURN PROGRAM IN KING COUNTY TO REDUCE THE PUBLIC SAFETY AND ENVIRONMENTAL IMPACTS OF UNWANTED MEDICINE WHEREAS, drug overdose deaths, abuse of prescription pain killers, and abuse of medicines by young people is a growing problem, and more people die of prescription medicines than all illegal drugs combined; and WHEREAS, medicines used in the home are the leading cause of poisonings reported to the Washington Poison Center, and preventable poisonings from medicines have been rising rapidly, especially among children and seniors; and WHEREAS, unwanted medicines left in the home contribute to opportunities for drug abuse, drug theft, and accidental poisonings; and WHEREAS, most medicines, when discarded, are categorized as dangerous waste under the Washington State Dangerous Waste regulations (Chapter 173-303 WAC); or hazardous waste under the federal Resource Conservation and Recovery Act (RCRA) (42 USC 6901), or both; and WHEREAS, medicines disposed of by flushing into sewers are not completely treated or removed by sewage treatment facilities, or onsite sewage systems, allowing pharmaceuticals to be released into the environment; and WHEREAS, medicines disposed of in the garbage are not secure from theft, or may eventually end up in landfill leachate which may be sent to sewage treatment facilities, eventually allowing pharmaceuticals to be released into the environment; and ACT.A Page 10 of 125 ---------------------------- Resolution No. 4872 October 9, 2012 Page 2 of 3 WHEREAS, the White House Office of National Drug Control Policy recommends encouraging and providing for proper disposal of medicines as a key element for the prevention of prescription drug abuse in its 2012 National Drug Control Strategy; and WHEREAS, the Drug Enforcement Administration, the White House Office of National Drug Control Policy, the Food & Drug Administration, and the Environmental Protection Agency recommend medicine return programs as a more secure and environmentally safe disposal method than throwing pharmaceuticals in trash; and WHEREAS, nine city police stations, twelve Bartell Drug retail pharmacies, and twelve Group Health clinical pharmacies in King County currently offer medicine take-back and use approved security protocols to prevent theft, but the county lacks a comprehensive and convenient medicine take-back system; and WHEREAS, communities are struggling to implement and finance programs to address the public safety impacts of leftover medicines in residents’ homes and the environmental impacts of improper disposal of unwanted medicines; and WHEREAS, pharmaceutical manufacturers currently operate and fund successful medicine return systems in Canada and several countries in Europe. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That City of Auburn City Council encourages the King County Board of Health to establish a convenient, safe, secure, and environmentally sound medicine return program for unwanted medicines from households through a ACT.A Page 11 of 125 ---------------------------- Resolution No. 4872 October 9, 2012 Page 3 of 3 pharmaceutical manufacturer financing mechanism that covers the cost of collection, transportation, and disposal, and does not rely on local government funding. 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 _________________________ PETER B. LEWIS, MAYOR ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney ACT.A Page 12 of 125 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6438 Date: November 6, 2012 Department: Finance Attachments: Ordinance No. 6438 Budget Impact: $0 Administrative Recommendation: City Council adopt Ordinance 6438. Background Summary: Ordinance No. 6438 amends the Auburn City Code pertaining to solid waste rates. The new rates will incorporate a King County disposal fee increase, increased Waste Management collection costs, and provide 60 days of working capital in the Solid Waste Fund by the end of 2014. As requested by the Municipal Services Committee, the new rates also reduce the residential subsidy to $250,000 in 2013 and $200,000 in 2014. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Staff:Coleman Meeting Date:November 13, 2012 Item Number:ACT.B AUBURN * MORE THAN YOU IMAGINEDACT.B Page 13 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 1 of 15 ORDINANCE NO. 6 4 3 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 8.08.180 OF THE AUBURN CITY CODE RELATING TO SOLID WASTE COLLECTION CHARGES WHEREAS, the City provides for refuse and garbage services; and WHEREAS, it is the City’s policy to have its operations and services reflective of their true costs in terms of value and fees charged; and WHEREAS, the City has reviewed its solid waste fund balance and utility rates and has determined that there is a need to stabilize the fund balance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Effective January 1, 2013, section 8.08.180 of the Auburn City Code be and the same hereby is amended to read as follows: 8.08.180 Collection charges – Residential and commercial collections. A. Services and charges herein shall become effective for each account on January 1, 2013. Upon this date, services shall be provided at the 35-gallon cart service rate unless the finance department is notified otherwise by the tenant or property owner. Likewise, unless the finance department is otherwise notified, services will automatically revert to the 35-gallon cart service rate upon a change in property tenancy or ownership. Rates to be charged by the city for solid waste services shall be as follows: Type of Service Monthly Charge Residential Garbage and Recycling One 10-gallon micro-can, one pickup per week $5.515.83 One 20-gallon mini-can, one pickup per week $11.2011.86 One 35-gallon cart, one pickup per week $14.2215.05 One 64-gallon cart, one pickup per week $31.4233.26 One 96-gallon cart, one pickup per week $43.7946.34 ACT.B Page 14 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 2 of 15 Each extra container of up to 32 gallons, per pickup $11.2610.83 Residential Compostables Monthly Charge One 35-gallon compostables cart, one pickup per week $8.058.23 One 64-gallon compostables cart, one pickup per week $8.718.90 One 96-gallon compostables cart, one pickup per week $9.379.58 One extra can/bag, per pickup $3.033.10 One extra cart, per pickup $4.834.94 Compostables restart (if cancel and restart service within seven months) $25.00 Compostables cart cleaning/deodorizing $15.00 Commercial Garbage and Recycling Monthly Charge One 10-gallon micro-can, one pickup per week $10.93 One 20-gallon mini-cart, one pickup per week $12.6212.61 One 35-gallon cart, one pickup per week $17.65 One 64-gallon cart, one pickup per week $28.46 One 96-gallon cart, one pickup per week $39.29 Each extra container of up to 32 gallons, per pickup $11.2610.83 One-yard container, one pickup per week $123.11123.09 One-yard container, two pickups per week $231.36231.34 One-yard container, three pickups per week $339.63339.59 One-yard container, four pickups per week $447.91447.87 One-yard container, five pickups per week $556.19556.13 One-and-one-half-yard container, one pickup per week $163.11163.10 One-and-one-half-yard container, two pickups per week $290.69290.66 One-and-one-half-yard container, three pickups per week $426.60426.56 One-and-one-half-yard container, four pickups per week $562.48562.43 One-and-one-half-yard container, five pickups per week $698.37698.30 Two-yard container, one pickup per week $186.49186.48 Two-yard container, two pickups per week $349.99349.96 Two-yard container, three pickups per week $513.52513.47 ACT.B Page 15 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 3 of 15 Two-yard container, four pickups per week $677.03676.96 Two-yard container, five pickups per week $840.57840.49 Three-yard container, one pickup per week $259.48259.45 Three-yard container, two pickups per week $491.22491.17 Three-yard container, three pickups per week $722.97722.90 Three-yard container, four pickups per week $954.71954.62 Three-yard container, five pickups per week $1,186.421,186.30 Four-yard container, one pickup per week $324.89324.86 Four-yard container, two pickups per week $617.27617.21 Four-yard container, three pickups per week $909.66909.57 Four-yard container, four pickups per week $1,202.051,201.93 Four-yard container, five pickups per week $1,494.431,494.28 Six-yard container, one pickup per week $460.46460.41 Six-yard container, two pickups per week $878.48878.39 Six-yard container, three pickups per week $1,296.451,296.32 Six-yard container, four pickups per week $1,714.461,714.29 Six-yard container, five pickups per week $2,132.452,132.24 Eight-yard container, one pickup per week $579.50579.44 Eight-yard container, two pickups per week $1,111.181,111.07 Eight-yard container, three pickups per week $1,642.891,642.73 Eight-yard container, four pickups per week $2,174.592,174.37 Eight-yard container, five pickups per week $2,706.302,706.03 Boeing special container pickups $15.19 Each extra yard (by volume), per pickup $30.77 One-yard compactor, one pickup per week $249.26249.24 One-yard compactor, two pickups per week $498.53498.48 One-and-one-half-yard compactor, one pickup per week $346.97346.94 One-and-one-half-yard compactor, two pickups per week $693.94693.87 Two-yard compactor, one pickup per week $423.89423.85 Two-yard compactor, two pickups per week $847.77847.68 Three-yard compactor, one pickup per week $610.50610.44 ACT.B Page 16 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 4 of 15 Three-yard compactor, two pickups per week $1,221.011,220.89 Four-yard compactor, one pickup per week $787.63787.56 Four-yard compactor, two pickups per week $1,575.271,575.11 Five-yard compactor, one pickup per week $1,147.911,147.80 Five-yard compactor, two pickups per week $2,295.842,295.61 Six-yard compactor, one pickup per week $1,367.081,366.94 Six-yard compactor, two pickups per week $2,734.172,733.90 One-yard special pickup $100.21 One and one-half-yard special pickup $103.67103.66 Two-yard special pickup $107.11107.10 Three-yard special pickup $113.98113.96 Four-yard special pickup $120.84120.83 Six-yard special pickup $134.61134.60 Eight-yard special pickup $148.34148.32 One-yard compactor special pickup $119.99 One and one-half-yard compactor special pickup $133.74133.72 Two-yard compactor special pickup $147.48147.47 Three-yard compactor special pickup $172.02172.00 Four-yard compactor special pickup $221.92221.90 Five-yard compactor special pickup $323.07323.04 Six-yard compactor special pickup $385.18385.14 Commercial Compostables Monthly Charge One 35-gallon compostables cart, one pickup per week $12.00 11.57 One 64-gallon compostables cart, one pickup per week $12.7512.29 One 96-gallon compostables cart, one pickup per week $13.5213.03 One-yard container, one pickup per week $95.96 92.50 Two-yard container, one pickup per week $126.14121.59 Each extra yard (by volume), per pickup $38.7237.23 One-yard special pickup $34.5533.30 Two-yard special pickup $57.8255.74 ACT.B Page 17 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 5 of 15 Compostables restart (if cancel and restart service within seven months) $25.00 Compostables cart cleaning/deodorizing $15.00 B. Multi-unit residential accounts must have the same type of service for each "occupied unit" unless tenant and owner sign city tenant release form for single-family residence garbage service. Tenant then pays direct to the city for solid waste services and is provided variable solid waste service as defined in "single-family residence." Owners are responsible for payment if tenant does not pay. If no payment is received from tenant or owner within 60 days of billing, service will revert back to multi-unit residential accounts. Residences can request a tenant release form only once in a year while they are at that address. C. Property owners of property not specifically addressed elsewhere in this Chapter are responsible for tenant payments. A tenant and owner may sign a city tenant release form for garbage service. Tenant then pays direct to city for solid waste services. Owners are responsible for payment if the tenant does not pay. If no payment is received from tenant or owner within 60 days of billing, service will revert back to a 35-gallon cart and tenant’s name will be removed from the account and the owner will be held responsible. D. Garbage collections in excess of those included in the current monthly service (as listed on the account) shall be at the rate of $11.2610.83 per each extra container of up to 32 gallons per pickup. E. For temporary and roll off services, services and charges herein shall become effective on January 1, 2013, and do not include tipping fees charged by the King County solid waste division which shall be added to the total service charges. The tipping fee shall be the actual container load weight multiplied by the tipping fee and then multiplied by a factor of 1.1517. Minimum charges for temporary and roll off services include applicable delivery and pickup fees and rental rates per pickup. Temporary and roll off service rates (not including tipping fees) shall be as follows: Temporary Container Service Rate Per Pickup Two-yard container $74.0574.04 Four-yard container $109.56109.54 Six-yard container $145.07145.06 Delivery fee $44.7143.09 Daily rent $1.581.52 Roll Off Rate Per Pickup Twenty-yard drop box $150.65148.01 Thirty-yard drop box $150.65148.01 Forty-yard drop box $150.65148.01 Eight- through 25-yard compactor $182.78179.57 Thirty-yard compactor $182.78179.57 ACT.B Page 18 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 6 of 15 Forty-yard compactor $182.78179.57 Permanent Drop Box Rental Fees Rent Per Month Twenty-yard drop box $70.30 69.06 Thirty-yard drop box $90.38 88.79 Forty-yard drop box $110.48108.54 Temporary Drop Box Haul Fees Rate Per Pickup Twenty-yard drop box $180.78177.60 Thirty-yard drop box $180.78177.60 Forty-yard drop box $180.78177.60 Temporary Drop Box Rental Fees Rent Per Day Twenty-yard drop box $3.503.43 Thirty-yard drop box $4.524.44 Forty-yard drop box $5.024.94 F. Rental rates for dumpsters and drop boxes are required with the provision that persons, firms or corporations may furnish their own detachable bulk containers on approval of the solid waste administrator. These containers shall be constructed so that they can be readily picked up by the service provider and the service provider's equipment. G. A deposit for all temporary containers 20 cubic yards or larger is required prior to delivery. For new or previously delinquent accounts the deposit shall include up to a maximum of two months of collection, rent and tonnage fees. Current accounts with no delinquency charges shall be charged a deposit as follows: Deposit Twenty cubic yard container $600.00 Thirty cubic yard container $700.00 Forty cubic yard container $800.00 As other temporary containers become available, a deposit shall be required for the use of such container and the deposit amount shall be based on size. The amount of the deposit shall be determined by the director of finance. H. For miscellaneous services, services and charges herein shall become effective on January 1, 2013, and shall be as follows: Miscellaneous – Other Rate Appliances $74.6378.99 ACT.B Page 19 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 7 of 15 Refrigerator/freezers $107.09113.35 Sofas $74.6378.99 Chairs $50.2653.19 Mattresses $36.5438.67 Tires: auto/light truck $24.9626.42 bus/heavy truck $27.1728.75 additional for rims or wheels $17.6518.68 Miscellaneous refuse, per cubic yard $113.36119.99 Carry-out surcharge $7.527.70 Carry-out per can $1.631.57 Roll-out container $20.99 20.23 Pressure washing, per yard $3.213.16 Mileage charge over 15 miles $3.203.14 Return trip – Roll off $55.7254.75 Return trip – SF and commercial $19.1718.47 Solid drop box lid charge, per month $22.2921.90 Stand-by time, per minute $4.464.38 Truck and driver, per hour $149.35146.72 Additional labor, per person $86.9485.42 (Ord. 6395 § 3, 2011; Ord. 6367 § 10, 2011; Ord. 6354 § 3, 2011; Ord. 6160 § 1, 2008; Ord. 6139 § 1, 2007; Ord. 6069 § 1, 2006; Ord. 6054 § 1, 2006; Ord. 5968 § 1, 2006; Ord. 5885 § 2, 2004; Ord. 5726 § 1, 2003; Ord. 5719 § 2, 2002; Ord. 5622 § 1, 2001; Ord. 5243 § 1, 1999; Ord. 5212 § 1 (Exh. D), 1999; Ord. 5151 § 1, 1998; Ord. 5081 § 1, 1998; Ord. 4943 § 1, 1997; Ord. 4613 § 2, 1993; Ord. 4588 § 1, 1992; Ord. 4537 § 1 (Exh. A), 1991; Ord. 4500 § 2, 1991. Formerly 8.08.230.) Section 2. Amendment to City Code. Effective January 1, 2014, Section 8.08.180 of the Auburn City Code be and the same hereby is amended to read as follows: 8.08.180 Collection charges – Residential and commercial collections. A. Services and charges herein shall become effective for each account on January 1, 20132014. Upon this date, services shall be provided at the 35-gallon cart service rate unless the ACT.B Page 20 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 8 of 15 finance department is notified otherwise by the tenant or property owner. Likewise, unless the finance department is otherwise notified, services will automatically revert to the 35-gallon cart service rate upon a change in property tenancy or ownership. Rates to be charged by the city for solid waste services shall be as follows: Type of Service Monthly Charge Residential Garbage and Recycling One 10-gallon micro-can, one pickup per week $5.836.25 One 20-gallon mini-can, one pickup per week $11.8612.69 One 35-gallon cart, one pickup per week $15.0516.11 One 64-gallon cart, one pickup per week $33.2635.60 One 96-gallon cart, one pickup per week $46.3449.62 Each extra container of up to 32 gallons, per pickup $10.83 Residential Compostables Monthly Charge One 35-gallon compostables cart, one pickup per week $8.238.81 One 64-gallon compostables cart, one pickup per week $8.909.53 One 96-gallon compostables cart, one pickup per week $9.5810.26 One extra can/bag, per pickup $3.103.32 One extra cart, per pickup $4.945.29 Compostables restart (if cancel and restart service within seven months) $25.00 Compostables cart cleaning/deodorizing $15.00 Commercial Garbage and Recycling Monthly Charge One 10-gallon micro-can, one pickup per week $10.9311.26 One 20-gallon mini-cart, one pickup per week $12.6112.99 One 35-gallon cart, one pickup per week $17.6518.18 One 64-gallon cart, one pickup per week $28.4629.32 One 96-gallon cart, one pickup per week $39.2940.47 Each extra container of up to 32 gallons, per pickup $10.83 One-yard container, one pickup per week $123.09126.81 One-yard container, two pickups per week $231.34238.32 One-yard container, three pickups per week $339.59349.84 ACT.B Page 21 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 9 of 15 One-yard container, four pickups per week $447.87461.39 One-yard container, five pickups per week $556.13572.92 One-and-one-half-yard container, one pickup per week $163.10168.02 One-and-one-half-yard container, two pickups per week $290.66299.43 One-and-one-half-yard container, three pickups per week $426.56439.44 One-and-one-half-yard container, four pickups per week $562.43579.40 One-and-one-half-yard container, five pickups per week $698.30719.38 Two-yard container, one pickup per week $186.48192.11 Two-yard container, two pickups per week $349.96360.52 Two-yard container, three pickups per week $513.47528.97 Two-yard container, four pickups per week $676.96697.40 Two-yard container, five pickups per week $840.49865.86 Three-yard container, one pickup per week $259.45267.28 Three-yard container, two pickups per week $491.17506.00 Three-yard container, three pickups per week $722.90744.71 Three-yard container, four pickups per week $954.62983.43 Three-yard container, five pickups per week $1,186.301,222.11 Four-yard container, one pickup per week $324.86334.66 Four-yard container, two pickups per week $617.21635.84 Four-yard container, three pickups per week $909.57937.02 Four-yard container, four pickups per week $1,201.931,238.21 Four-yard container, five pickups per week $1,494.281,539.38 Six-yard container, one pickup per week $460.41474.31 Six-yard container, two pickups per week $878.39904.91 Six-yard container, three pickups per week $1,296.321,335.45 Six-yard container, four pickups per week $1,714.291,766.03 Six-yard container, five pickups per week $2,132.242,196.60 Eight-yard container, one pickup per week $579.44596.93 Eight-yard container, two pickups per week $1,111.071,144.61 Eight-yard container, three pickups per week $1,642.731,692.31 Eight-yard container, four pickups per week $2,174.372,240.00 ACT.B Page 22 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 10 of 15 Eight-yard container, five pickups per week $2,706.032,787.71 Each extra yard (by volume), per pickup $30.7731.70 One-yard compactor, one pickup per week $249.24256.76 One-yard compactor, two pickups per week $498.48513.53 One-and-one-half-yard compactor, one pickup per week $346.94357.41 One-and-one-half-yard compactor, two pickups per week $693.87714.81 Two-yard compactor, one pickup per week $423.85436.64 Two-yard compactor, two pickups per week $847.68873.27 Three-yard compactor, one pickup per week $610.44628.86 Three-yard compactor, two pickups per week $1,220.891,257.74 Four-yard compactor, one pickup per week $787.56811.33 Four-yard compactor, two pickups per week $1,575.111,622.66 Five-yard compactor, one pickup per week $1,147.801,182.45 Five-yard compactor, two pickups per week $2,295.612,364.90 Six-yard compactor, one pickup per week $1,366.941,408.20 Six-yard compactor, two pickups per week $2,733.902,816.42 One-yard special pickup $100.21103.23 One and one-half-yard special pickup $103.66106.79 Two-yard special pickup $107.10110.33 Three-yard special pickup $113.96117.40 Four-yard special pickup $120.83124.47 Six-yard special pickup $134.60138.66 Eight-yard special pickup $148.32152.80 One-yard compactor special pickup $119.99123.61 One and one-half-yard compactor special pickup $133.72137.76 Two-yard compactor special pickup $147.47151.92 Three-yard compactor special pickup $172.00177.19 Four-yard compactor special pickup $221.90228.59 Five-yard compactor special pickup $323.04332.79 Six-yard compactor special pickup $385.14396.77 ACT.B Page 23 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 11 of 15 Commercial Compostables Monthly Charge One 35-gallon compostables cart, one pickup per week $11.5711.92 One 64-gallon compostables cart, one pickup per week $12.2912.66 One 96-gallon compostables cart, one pickup per week $13.0313.43 One-yard container, one pickup per week $92.50 95.29 Two-yard container, one pickup per week $121.59125.26 Each extra yard (by volume), per pickup $37.23 One-yard special pickup $33.3034.31 Two-yard special pickup $55.7457.42 Compostables restart (if cancel and restart service within seven months) $25.00 Compostables cart cleaning/deodorizing $15.00 B. Multi-unit residential accounts must have the same type of service for each "occupied unit" unless tenant and owner sign city tenant release form for single-family residence garbage service. Tenant then pays direct to the city for solid waste services and is provided variable solid waste service as defined in "single-family residence." Owners are responsible for payment if tenant does not pay. If no payment is received from tenant or owner within 60 days of billing, service will revert back to multi-unit residential accounts. Residences can request a tenant release form only once in a year while they are at that address. C. Property owners of property not specifically addressed elsewhere in this Chapter are responsible for tenant payments. A tenant and owner may sign a city tenant release form for garbage service. Tenant then pays direct to city for solid waste services. Owners are responsible for payment if the tenant does not pay. If no payment is received from tenant or owner within 60 days of billing, service will revert back to a 35-gallon cart and tenant’s name will be removed from the account and the owner will be held responsible. D. Garbage collections in excess of those included in the current monthly service (as listed on the account) shall be at the rate of $10.83 per each extra container of up to 32 gallons per pickup. E. For temporary and roll off services, services and charges herein shall become effective on January 1, 20132014, and do not include tipping fees charged by the King County solid waste division which shall be added to the total service charges. The tipping fee shall be the actual container load weight multiplied by the tipping fee and then multiplied by a factor of 1.17. Minimum charges for temporary and roll off services include applicable delivery and pickup fees and rental rates per pickup. Temporary and roll off service rates (not including tipping fees) shall be as follows: Temporary Container Service Rate Per Pickup Two-yard container $74.0476.28 Four-yard container $109.54112.85 ACT.B Page 24 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 12 of 15 Six-yard container $145.06149.44 Delivery fee $43.0944.40 Daily rent $1.521.57 Roll Off Rate Per Pickup Twenty-yard drop box $148.01161.27 Thirty-yard drop box $148.01161.27 Forty-yard drop box $148.01161.27 Eight- through 25-yard compactor $179.57195.66 Thirty-yard compactor $179.57195.66 Forty-yard compactor $179.57195.66 Permanent Drop Box Rental Fees Rent Per Month Twenty-yard drop box $69.0675.25 Thirty-yard drop box $88.7996.75 Forty-yard drop box $108.54118.27 Temporary Drop Box Haul Fees Rate Per Pickup Twenty-yard drop box $177.60193.52 Thirty-yard drop box $177.60193.52 Forty-yard drop box $177.60193.52 Temporary Drop Box Rental Fees Rent Per Day Twenty-yard drop box $3.433.74 Thirty-yard drop box $4.444.84 Forty-yard drop box $4.945.38 F. Rental rates for dumpsters and drop boxes are required with the provision that persons, firms or corporations may furnish their own detachable bulk containers on approval of the solid waste administrator. These containers shall be constructed so that they can be readily picked up by the service provider and the service provider's equipment. G. A deposit for all temporary containers 20 cubic yards or larger is required prior to delivery. For new or previously delinquent accounts the deposit shall include up to a maximum of two months of collection, rent and tonnage fees. Current accounts with no delinquency charges shall be charged a deposit as follows: ACT.B Page 25 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 13 of 15 Deposit Twenty cubic yard container $600.00 Thirty cubic yard container $700.00 Forty cubic yard container $800.00 As other temporary containers become available, a deposit shall be required for the use of such container and the deposit amount shall be based on size. The amount of the deposit shall be determined by the director of finance. H. For miscellaneous services, services and charges herein shall become effective on January 1, 20132014, and shall be as follows: Miscellaneous – Other Rate Appliances $78.9984.57 Refrigerator/freezers $113.35121.35 Sofas $78.9984.57 Chairs $53.1956.95 Mattresses $38.6741.40 Tires: auto/light truck $26.4228.28 bus/heavy truck $28.7530.78 additional for rims or wheels $18.6820.00 Miscellaneous refuse, per cubic yard $119.99128.46 Carry-out surcharge $7.708.24 Carry-out per can $1.571.62 Roll-out container $20.2320.84 Pressure washing, per yard $3.163.44 Mileage charge over 15 miles $3.143.42 Return trip – Roll off $54.7559.65 Return trip – SF and commercial $18.4719.03 Solid drop box lid charge, per month $21.9023.86 Stand-by time, per minute $4.384.78 Truck and driver, per hour $146.72159.87 Additional labor, per person $85.4293.07 ACT.B Page 26 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 14 of 15 (Ord. 6395 § 3, 2011; Ord. 6367 § 10, 2011; Ord. 6354 § 3, 2011; Ord. 6160 § 1, 2008; Ord. 6139 § 1, 2007; Ord. 6069 § 1, 2006; Ord. 6054 § 1, 2006; Ord. 5968 § 1, 2006; Ord. 5885 § 2, 2004; Ord. 5726 § 1, 2003; Ord. 5719 § 2, 2002; Ord. 5622 § 1, 2001; Ord. 5243 § 1, 1999; Ord. 5212 § 1 (Exh. D), 1999; Ord. 5151 § 1, 1998; Ord. 5081 § 1, 1998; Ord. 4943 § 1, 1997; Ord. 4613 § 2, 1993; Ord. 4588 § 1, 1992; Ord. 4537 § 1 (Exh. A), 1991; Ord. 4500 § 2, 1991. Formerly 8.08.230.) Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. 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 5. 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. DATED and SIGNED this ______ day of _______________, 2012. INTRODUCED: ________________ PASSED: ____________________ APPROVED: __________________ CITY OF AUBURN _____________________________ PETER B. LEWIS MAYOR ACT.B Page 27 of 125 ----------------------------- Ordinance No. 6438 November 7, 2012 Page 15 of 15 ATTEST: _____________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _____________________________ Daniel B. Heid, City Attorney Published: ____________________ ACT.B Page 28 of 125 AGENDA BILL APPROVAL FORM Agenda Subject: Financial Options Available to the City of Auburn Date: November 6, 2012 Department: Finance Attachments: B&O options Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: Discuss additional revenue options for Committee discussion and consideration. Reviewed by Council Committees: Finance, Municipal Services, Planning And Community Development, Public Works Councilmember:Staff:Coleman Meeting Date:November 13, 2012 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINEDDI.A Page 29 of 125 SU M M A R Y O F R E M A I N I N G S O U R C E S O F C I T Y R E V E N U E S Re v e n u e S o u r c e / D e s c r i p t i o n Co u n c i l m a n i c Voter Approval Req'd Re m a i n i n g d e b t c a p a c i t y Pu b l i c U t i l i t y T a x - a d d i t i o n a l 1 . 0 % u t i l i t y t a x C i ty cu r r e n t l y a s s e s s e s a 7 . 0 %p u b l i c u t i l i ty (w a t e r , s e w e r , s to r m , g a r b a g e ) t ax (6 . 0 % to G e n e r a l F u n d ; 1 . 0 % to A r t e r i a lS t r e e t P r e s e rv a t i o n ). N o l i m i t o n t ax r a t e . E a c h a d d i t i o n a l 1 . 0 % g e n e r a t e s $ 3 3 . 2 M re m a i n i n g c o u n c i l - ma n i c d e b t c a p a c i t y . $413M remaining debt capacity Es t ' d C a p a c i t y DRAFT -FOR DISCUSSION ONLY W i t h o u ta Ge ne r a l F o r F o r P a r k s a n d V o t e P u r po s e s U t i l i t i e s O pe n S p a c e T o t a l I t e m 1 . 5 0 % 1 . 0 0 % 2 . 5 0 % 2 . 5 0 % C a p a c i ty L e g a l L i m i t 1 0 3 , 8 0 7 , 9 0 1 6 9 , 2 0 5 , 2 6 8 1 7 3 , 0 1 3 , 1 6 9 1 7 3 , 0 1 3 , 1 6 9 5 1 9 , 0 3 9 , 5 0 7 O u ts t a n d i n g i n d e b t e d ne s s ( 7 0 , 5 8 6 , 6 0 6 ) ( 7 0 , 5 8 6 , 6 0 6 ) M a r g i n a v a i l a b l e 3 3 , 2 2 1 , 2 9 5 6 9 , 2 0 5 , 2 6 8 1 7 3 , 0 1 3 , 1 6 9 1 7 3 , 0 1 3 , 1 6 9 4 4 8 , 4 5 2 , 9 0 1 W i t h a V o t e F u n d ; 1 . 0 % to A r t e r i a lS t r e e t P r e s e rv a t i o n ). N o l i m i t o n t ax r a t e . E a c h a d d i t i o n a l 1 . 0 % g e n e r a t e s a p p ro x i m a t e l y $5 0 0 K /y r . W a t e r ( 1 . 0 %= $ 1 2 0 K /y r ) N/A S e w e r ( 1 . 0 %= $ 2 1 0 K /y r ) S to r m ( 1 . 0 %= $9 0 K ) G a r b a g e ( 1 . 0 %= $8 0 K ) Ca b l e T V U t i l i t y T a x - a d d i t i o n a l 1 . 0 % u t i l i t y t a x C i ty cu r r e n t l y a s s e s s e s a 1 . 0 % u t i l i ty t ax o n c a b l e T V s e rv i c e s , w i t h p ro c e e d s go i n g to w a r d s A r t e r i a lS t r e e t P r e s e rv a t i o n . L i m i t i s 6 . 0 %. E a c h 1 . 0 % g e n e r a t e s a p p ro x i m a t e l y $ 1 7 0 K /y r . $ 1 7 0 , 0 0 0 / y r ( 1 . 0 % ) - $8 5 0 , 0 0 0 / y r ( 5 . 0 % ) N/A Ge n e r a l B & O T a x e s - . 2 0 % t a x r a t e C i ty i s a u t h o r iz e d to l e v y a b u s i n e s s a n d o c cu p a t i o n t ax o f u p to . 2 % o n t h e g ro s s i n co m e o r g ro s s r e c e i p t s . B u s i n e s s e s e l i g i b l e f o r t h e B & O t ax i n c l u d e: E x t r a c t i n g ; M a n u f a c t u r i n g ; R e t a i l i n g / R e t a i l s a l e ; S e rv i c e s ; a n d W h o l e s a l e . E a c h . 0 1 % i s e s t i m a t e d to g e n e r a t e $ 2 35 K ( e . g . . 1 0 %= $ 2 . 35 M ; . 2 0 %= $4 . 7 0 M ). E s t i m a t e d r e v e n u e s m a y b e co n s e rv a t i v e a n d i s b a s e d u p o n a v a i l a b l e b u s i n e s s d a t a f ro m D e p a r t m e n t o f R e v e n u e . F u r t h e r a n a l y s i s w i l l b e r e q u i r e d to r e f i n e e s t i m a t e d r e v e n u e . $4 , 7 0 0 , 0 0 0 / y r ( . 2 0 % ) N / A $5 0 0 , 0 0 0 / y r ( 1 . 0 % ) DRAFT -FOR DISCUSSION ONLY W i t h o u ta Ge ne r a l F o r F o r P a r k s a n d V o t e P u r po s e s U t i l i t i e s O pe n S p a c e T o t a l I t e m 1 . 5 0 % 1 . 0 0 % 2 . 5 0 % 2 . 5 0 % C a p a c i ty L e g a l L i m i t 1 0 3 , 8 0 7 , 9 0 1 6 9 , 2 0 5 , 2 6 8 1 7 3 , 0 1 3 , 1 6 9 1 7 3 , 0 1 3 , 1 6 9 5 1 9 , 0 3 9 , 5 0 7 O u ts t a n d i n g i n d e b t e d ne s s ( 7 0 , 5 8 6 , 6 0 6 ) ( 7 0 , 5 8 6 , 6 0 6 ) M a r g i n a v a i l a b l e 3 3 , 2 2 1 , 2 9 5 6 9 , 2 0 5 , 2 6 8 1 7 3 , 0 1 3 , 1 6 9 1 7 3 , 0 1 3 , 1 6 9 4 4 8 , 4 5 2 , 9 0 1 W i t h a V o t e 11 DI.A Page 30 of 125 SU M M A R Y O F R E M A I N I N G S O U R C E S O F C I T Y R E V E N U E S Re v e n u e S o u r c e / D e s c r i p t i o n Co u n c i l m a n i c Voter Approval Req'd Es t ' d C a p a c i t y DRAFT -FOR DISCUSSION ONLY Re g u l a t o r y L i c e n s e F e e s A r e gu l a to ry l i c e n s e f e e c a n f a l l i n to t w o c a t e go r i e s : 1 ) b u s i n e s s l i c e n s e f e e s w h i c h s e rv e to r e g i s t e r a l l b u s i n e s s e s a n d p ro v i d e a r e co r d o f t h e o w n e r s ( t h i s i s t h e cu r r e n t $5 0 b u s i n e s s l i c e n s e f e e f o r A u b u r n ); 2 ) a r e v e n u e g e n e r a t i n g r e gu l a to ry l i c e n s e f e e , w h i c h c a n i n c l u d e a d d i t i o n a l c r i t e r i a a sp a r t o f t h e b a s i s f o r c a l cu l a t i n g t h e b u s i n e s s l i c e n s e f e e . T h i s b a s i s c a n i n c l u d e , f o r e x a m p l e , n u m b e r o f e m p l o y e e s , s q u a r e f o o t a g e , o r t h e ty p e o f b u s i n e s s . S t a t e l a w a l l o w s f o r a go o d d e a l o f c r e a t i v i ty i n d e s i g n i n g t h e s e f e e s ; h o w e v e r c l a s s e s o f b u s i n e s s e s m u s t b e c l e a r l y d e f i n e d w i t h e a c h b u s i n e s s w i t h e a c h c l a s s b e i n g c h a r g e d t h e s a m e f e e . T h i s m e t h o d o l o g y i s e a s i e s t to a d m i n i s t e r r e l a t i v e to t h e G e n e r a l B & O t ax . TB D , b a s e d u p o n t h e f e e an d m e t h o d l o g y N/A Me t r o p o l i t a n P a r k s D i s t r i c t ( M P D ) - $ . 7 5 / $ 1 , 0 0 0 p r o pe r t y t a x l e v y A M P D c a n b e f o r m e d f o r t h e m a n a g e m e n t , i m p ro v e m e n t , m a i n t e n a n c e , a n d a c q u i s i t i o n o f p a r k s a n d r e c r e a t i o n a l f a c i l i t i e s . A n M P D c a n l e v y u p to $. 75 / $ 1 0 0 0 o f a s s e s s e d v a l u a t i o n w i t h v o t e r a p p ro v a l a n d c a n e x c e e d l e v y l i m i t b y a su p e r m a j o r i ty v o t e , w i t h 4 0 % o f l a s t t u r n o u t r e q u i r e d . E s t i m a t e d r e v e n u e b a s e d u p o n a n n u a l c i ty w i d e A V o f $6 . 8 B . $5 , 1 0 0 , 0 0 0 / y r ( $ . 7 5 / $ 1 0 0 0 of a s s e s s e d v a l u e ) In excess of $.75/$1000 of assessed value Tr a n s p o r t a t i o n B e n e f i t D i s t r i c t ( T B D ) - $ 2 0 a n n u a l ca r t a b f e e C i ty c r e a t e d a T B D i n 2 0 1 1 ( O r d i n a n c e 6 3 7 7 ) f o r t h e f i n a n c i n g o f t r a n s p o r t a t i o n i m p ro v e m e n t s . A T B D c a n l e v y u p to a $ 2 0 a n n u a l c a r t a b l i c e n s e f e e w i t h o u t v o t e r a p p ro v a l a n d c a n l e v y a c a r t a b f e e o f u p to $ 1 0 0 a n n u a l l y w i t h v o t e r a p p ro v a l . E s t i m a t e d r e v e n u e o f $ 7 0 0 K /y r , b a s e d u p o n $ 2 0 c a r t a b f e e . A d d i t i o n a l t a b f e e s o f $8 0 m a y b e co l l e c t e d w i t h v o t e r a p p ro v a l . $7 0 0 , 0 0 0 / y r ( $ 2 0 a n n u a l fe e ) $21 - $100 annual fee Oc to be r 2 2 , 2 0 1 2 P re p a re d by Au b u r n F i n a nc e De p a r t me n t F: \ F in an c i a l P l an n in g M an a g e r \R e v en u e s \[ R e m a in in g T a x in g C a p a c i t i e s & B O C a l c s . x l s x ] 22 DI.A Page 31 of 125 Ma n u f a c t u r i n g Re t a i l Se r v i c e s Wh o l e s a l e Total DO R G r o s s B u s i n e s s I n c o m e ( G B I ) $1 , 0 0 6 , 2 3 1 , 4 3 3 $9 0 9 , 3 6 0 , 4 9 6 $1 , 0 9 6 , 5 5 4 , 9 2 7 $1 , 9 4 0 , 4 9 9 , 1 4 2 $4,952,645,998 DO R R e p o r t e d n u m b e r o f t a x p a y e r s 17 9 50 1 1, 5 6 5 183 2,428 L e s s : A p p o r t i o n m e n t A p p o r t i o n m e n t a s su m p t i o n ( % o f G B I ) 4 0 . 0 % 4 0 . 0 % 4 0 . 0 % 4 0 .0% Ne t A f t e r A p p o r t i o n m e n t 60 3 , 7 3 8 , 8 6 0 54 5 , 6 1 6 , 2 9 8 65 7 , 9 3 2 , 9 5 6 1, 1 6 4 , 2 9 9 , 4 8 5 2,971,587,599 L e s s : E x e m p t i o n - $ 25 0 , 0 0 0 t h r e s h o l d E x e m p t i o n a s su m p t i o n ( % o f G B I a f t e r a p p o r t i o n m e n t ) 2 0 % 2 0 % 2 0 % 20% Ne t A f t e r E x e m p t i o n 48 2 , 9 9 1 , 0 8 8 43 6 , 4 9 3 , 0 3 8 52 6 , 3 4 6 , 3 6 5 93 1 , 4 3 9 , 5 8 8 2,377,270,079 L e s s : R & D E x e m p t i o n Ta x a b l e A m o u n t $4 8 2 , 9 9 1 , 0 8 8 $4 3 6 , 4 9 3 , 0 3 8 $5 2 6 , 3 4 6 , 3 6 5 $9 3 1 , 4 3 9 , 5 8 8 $2,377,270,079 Sc e n a r i o 1 : B & O T a x R a t e @ K e n t ' s a d o p t e d B& O T a x R a t e 0. 0 0 0 4 6 0. 0 0 0 4 6 0. 0 0 1 5 2 0. 0 0 1 5 2 Ca l c u l a t e d Y i e l d - @ K e n t ' s a d o p t e d r a t e $2 2 2 , 1 7 6 $2 0 0 , 7 8 7 $8 0 0 , 0 4 6 $1 , 4 1 5 , 7 8 8 $2,638,797 Sc e n a r i o 2 : B & O T a x R a t e @ m a x i m u m Pr o p o s e d B & O T a x e s DRAFT -FOR DISCUSSION ONLY Sc e n a r i o 2 : B & O T a x R a t e @ m a x i m u m B& O T a x R a t e 0. 0 0 2 0 0 0. 0 0 2 0 0 0. 0 0 2 0 0 0. 0 0 2 0 0 Ca l c u l a t e d Y i e l d - @ . 2 0 % m a x i m u m r a t e $9 6 5 , 9 8 2 $8 7 2 , 9 8 6 $1 , 0 5 2 , 6 9 3 $1 , 8 6 2 , 8 7 9 $4,754,540 Oc to be r 2 2 , 2 0 1 2 P re p a re d by Au b u r n F i n a nc e De p a r t me n t F: \ F in an c i a l P l an n in g M an a g e r \R e v en u e s \[ R e m a in in g T a x in g C a p a c i t i e s & B O C a l c s . x l s x ] N o t e : Es t i m a t e d re ve nu e s m ay be c o ns e r v a t i ve a n d i s b as e d u po n a v a i l a b l e b u s i ne s s d a t a f ro m De p a r t me n t o f R e ve n u e . F u r t h e r a n a l y s i s w i l l be re qu i re d to re f i ne e s t i mated re ve nu e . N o t e a l s o t h a t Ex t r ac t i n g i s no t i nc l u d e d i n t h e d a t a a b o ve ; t h i s s e c to r c o n t a i ns 3 t ax p ay e rs w i t h a G ro s s B u s i ne s s I nc o me o f $6 . 3 m i l l i o n (o r . 1 3 % o f t h e to t a l $4 .9B G B I s h o w n ) . A t a . 2 % B & O t ax r a t e , t h e po t e n t i a l y i e l d f ro m t h e Ex t r ac t i n g s e c to r wo u l d ge ne r a t e a p p ro x i m a t e l y $ 1 2 , 6 0 0 . DRAFT -FOR DISCUSSION ONLY 3 3 DI.A Page 32 of 125 DI.A Page 33 of 125 DI.A Page 34 of 125 DI.A Page 35 of 125 DI.A Page 36 of 125 DI.A Page 37 of 125 page 1 of 5 Utility Tax Rates on Inside city utilities Source: 2012 AWC Tax and User Fee Survey City County Population Water Sewer Stormwater Garbage Aberdeen Grays Harbor 16,450 7%7%7% Albion Whitman 620 5%5%5% Algona King 2,775 6%6%6%6% Almira Lincoln 285 25%25%25% Anacortes Skagit 16,800 7%7%7%7% Arlington Snohomish 17,280 5%5%5%5% Asotin Asotin 1,235 6%6% Auburn King 68,270 7%7%7%7% Bellevue King 122,900 10.40%5%5%4.50% Bingen Klickitat 690 6%6%6% Blaine Whatcom 4,790 9%9%9%6% Bothell King 33,430 5%5%5% Bremerton Kitsap 36,190 15.50%20%20%9.50% Bridgeport Douglas 2,100 5%5%8.60% Brier Snohomish 6,490 6% Buckley Pierce 4,625 9%9%9%9% Bucoda Thurston 660 10%10% Burien King 31,730 6% Carnation King 1,915 6%8% Cashmere Chelan 3,005 6%6%6% Cathlamet Wahkiakum 580 6%6%6% Centralia Lewis 15,570 10%14%10% Chehalis Lewis 7,185 6%6% Chelan Chelan 4,105 9.50%9.50%9.50% Chewelah Stevens 2,450 15%15% Clarkston Asotin 7,265 14%6% Colville Stevens 5,045 6%6%6% Concrete Skagit 710 6%6% Connell Franklin 4,220 9%6%6% Cosmopolis Grays Harbor 1,645 6%6% Coupeville Island 1,890 6%6%6% Covington King 17,640 5.50% DI.A Page 38 of 125 page 2 of 5 Utility Tax Rates on Inside city utilities Source: 2012 AWC Tax and User Fee Survey City County Population Water Sewer Stormwater Garbage Darrington Snohomish 1,505 8%8% Davenport Lincoln 1,725 18%18%18% DuPont Pierce 7,930 11%6%8%8% Duvall King 5,990 6%6%6% Edmonds Snohomish 40,900 6%10%10%6% Ellensburg Kittitas 17,326 10%10% Elma Grays Harbor 3,120 1.50%1.50% Entiat Chelan 1,205 6%6% Enumclaw King 11,490 8%8%8% Ephrata Grant 7,080 20%20%8% Farmington Whitman 135 6%6% Fife Pierce 8,210 4.50%4.50%4.50% Fircrest Pierce 6,345 8%6%8.50% Garfield Whitman 630 6%6%6% George Grant 550 6%6%6% Goldendale Klickitat 3,730 6%6%6% Grandview Yakima 9,290 24.20%6%40% Granger Yakima 3,100 36%36%36% Harrah Yakima 630 12%12% Hatton Adams 110 6% Hoquiam Grays Harbor 8,770 8 utility tax; 10 in lieu tax 8 utility tax; 10 in lieu tax% 8 utility tax; 10 in lieu tax%8% Ilwaco Pacific 1,115 6%6%6%6% Kahlotus Franklin 225 5%5% Kalama Cowlitz 2,510 6%6% Kelso Cowlitz 11,780 8%8%8% Kennewick Benton 68,570 15.50%7%1%7% Kent King 88,760 10%10%10%7.80% Kirkland King 49,620 10.50%13.38%7.50%10.50% Kittitas Kittitas 1,182 12%12%6% Lacey Thurston 40,130 6%6%6%6% LaCrosse Whitman 345 6%6% Langley Island 1,115 6%6%6%6% DI.A Page 39 of 125 page 3 of 5 Utility Tax Rates on Inside city utilities Source: 2012 AWC Tax and User Fee Survey City County Population Water Sewer Stormwater Garbage Leavenworth Chelan 2,325 10%10%10% Longview Cowlitz 36,100 9.50%9.50%9.50%9.50% Lyman Skagit 445 6% Lynden Whatcom 11,850 6%6%6%6% Lynnwood Snohomish 36,160 4%4%4%6% Mabton Yakima 2,165 20%20%20% Mansfield Douglas 330 12%12% Marysville Snohomish 58,040 6%6%6% Mattawa Grant 3,405 10%10%10% Medina King 2,980 3%3%3% Milton Pierce 6,540 6%6%6%6% Monroe Snohomish 16,680 10% Mossyrock Lewis 695 6% Moxee Yakima 2,695 6%6%6% Mukilteo Snohomish 20,150 6%6% Naches Yakima 770 6%6%6% Napavine Lewis 1,715 5%5%3.60% Oakesdale Whitman 420 6%6%6% Oakville Grays Harbor 715 6%6% Odessa Lincoln 960 24%24% Okanogan Okanogan 2,500 10%10% Olympia Thurston 45,500 12%10%10%10% Omak Okanogan 4,780 10%10%10%10% Oroville Okanogan 1,755 10%10%10% Orting Pierce 6,245 8.60% Othello Adams 6,800 2% Pacific King 6,305 6%6% Palouse Whitman 1,015 6%6%7% Pasco Franklin 56,300 8.50%8.50%8.50%8.50% Pateros Okanogan 635 6%6%6% Pomeroy Garfield 1,525 6%6%6% Poulsbo Kitsap 8,920 8%8%8%6% DI.A Page 40 of 125 page 4 of 5 Utility Tax Rates on Inside city utilities Source: 2012 AWC Tax and User Fee Survey City County Population Water Sewer Stormwater Garbage Prosser Benton 5,140 20.60%22.10% Pullman Whitman 27,920 8%8%11% Puyallup Pierce 38,900 8%8%8%2.20% Quincy Grant 6,220 4%4%4% Rainier Thurston 1,805 6%6% Raymond Pacific 3,065 10% Redmond King 53,680 9.23%9.23%6% Renton King 86,230 7.50%6%6%6% Richland Benton 48,580 12.23%10.50%8.50%10.50% Ridgefield Clark 4,370 8%8% Ritzville Adams 1,745 10%10%10% Riverside Okanogan 330 6%6% Roslyn Kittitas 1,015 6%6% Roy Pierce 860 6%6% Ruston Pierce 765 6%6%6%6% Seattle King 612,000 15.54%12%11.50%11.50% Sequim Clallam 5,830 8%8%6% Shelton Mason 8,975 11.63%5%5%5% Shoreline King 54,580 6%6% Skykomish King 225 1.46% Snoqualmie King 9,850 9%9%9%9% Sprague Lincoln 495 20.03%3.85%3.60% Springdale Stevens 280 6%6%6% Stanwood Snohomish 5,705 10.70%6%6%6% Steilacoom Pierce 6,300 6%6%6%6% Stevenson Skamania 1,470 3% Sultan Snohomish 4,570 6%6%6% Sumas Whatcom 1,319 9%9% Sumner Pierce 9,080 6%6%6%6% Sunnyside Yakima 15,410 6%6%6% Tacoma Pierce 204,200 8%8%8%8% Tekoa Whitman 815 5.20%6%15% DI.A Page 41 of 125 page 5 of 5 Utility Tax Rates on Inside city utilities Source: 2012 AWC Tax and User Fee Survey City County Population Water Sewer Stormwater Garbage Tieton Yakima 1,195 6%6%4.60% Toledo Lewis 695 5%5%5%5% Toppenish Yakima 9,080 23%23%23%23% Tukwila King 18,190 10%10%10%6% Tumwater Thurston 16,770 6%6%6%6% Twisp Okanogan 995 9%9%9% Vader Lewis 640 7%7% Vancouver Clark 165,500 20%20%20%20% Wapato Yakima 4,605 33%33%33% Waterville Douglas 1,185 6%5%3.60% Wenatchee Chelan 31,120 16%16%16%16% Westport Grays Harbor 2,345 6%6% Wilbur Lincoln 890 Combined Water/Sewer/Garba Combined Water/Sewer/Garba Combined Water/Sewer/Garba Wilkeson Pierce 470 6%6%6% Winlock Lewis 1,370 5%5%5% Winthrop Okanogan 440 15%15%6% Woodinville King 11,350 4% Woodway Snohomish 1,200 6% Yacolt Clark 1,500 2.75% Yakima Yakima 85,040 20%20%6%15% Yelm Thurston 5,900 4%4%4%6% Zillah Yakima 2,790 32%32%32% Average Tax Rate - WA 9.2%9.0%7.8%8.7% High 36.0%36.0%23.0%40.0% Low 1.5%1.5%1.0%2.2% Financial Planning Manager\Revenues\[Statewide Utility Tax Rates.xlsx]AWC Report - WA Utility Tax DI.A Page 42 of 125 Municipal B&O Tax Rates Source: 2012 AWC Tax and User Fee Survey City Name Manufacturing Rate Retail Rate Services Rate Wholesale Rate Threshold Required to Pay 1 Aberdeen 0.00200000 0.00300000 0.00375000 0.00300000 $20,000/yr 2 Algona 0.00045000 0.00045000 0.00045000 0.00045000 $40,000/yr 3 Bainbridge Island 0.00100000 0.00100000 0.00100000 0.00100000 $200,000/yr 4 Bellevue 0.00149600 0.00149600 0.00149600 0.00149600 $145,000/yr 5 Bellingham 0.00170000 0.00170000 0.00440000 0.00170000 $20,000/yr 6 Bremerton 0.00160000 0.00125000 0.00200000 0.00160000 60,000/yr 7 Burien 0.00050000 0.00050000 0.00050000 0.00050000 $100,000/yr 8 Cosmopolis 0.00148700 0.00148700 0.00148700 0.00148700 $500,000 yr 9 Darrington 0.00075000 0.00075000 0.00075000 0.00075000 $20,000/yr 10 Des Moines 0.00200000 0.00200000 0.00200000 0.00200000 >$50,000/yr 11 DuPont 0.00100000 0.00100000 0.00100000 0.00100000 $20,000/yr 12 Everett 0.00100000 0.00100000 0.00100000 0.00100000 $20,000/yr 13 Everson 0.00200000 0.00200000 $20,000/yr 14 Granite Falls 0.00200000 0.00200000 $20,000/yr 15 Hoquiam 0.00200000 0.00200000 0.00200000 0.00200000 $20,000/yr 16 Ilwaco 0.00200000 0.00200000 0.00200000 0.00200000 $20,000/yr 17 Issaquah 0.00080000 0.00080000 0.00100000 0.00080000 $20,000/yr 18 Kelso 0.00100000 0.00100000 0.00200000 0.00100000 $20,000/yr 19 Kent 0.00046000 0.00046000 0.00152000 0.00152000 $250,000/yr 20 Lacey 0.00100000 0.00200000 $20,000/yr 21 Lake Forest Park 0.00200000 0.00200000 0.00200000 0.00200000 $20,000/yr 22 Long Beach 0.00200000 0.00200000 0.00200000 0.00200000 $20,000/yr 23 Longview 0.00100000 0.00100000 0.00200000 0.00100000 $20,000/yr 24 Mercer Island 0.00100000 0.00100000 0.00100000 0.00100000 $150,000/yr 25 North Bend 0.00200000 0.00200000 0.00200000 0.00200000 $20,000/yr 26 Ocean Shores 0.00200000 0.00200000 0.00200000 0.00200000 $20,000/yr 27 Olympia 0.00100000 0.00100000 0.00200000 0.00100000 $20,000/yr 28 Pacific 0.00200000 0.00200000 0.00200000 0.00200000 $20,000/yr 29 Port Townsend 0.00200000 0.00200000 0.00200000 0.00200000 $20,000/yr 30 Rainier 0.00200000 0.00200000 0.00200000 0.00200000 $20,000/yr 31 Raymond 0.00200000 0.00200000 0.00200000 0.00200000 $20,000/yr 32 Roy 0.00100000 0.00200000 0.00200000 0.00100000 $20,000/yr 33 Ruston 0.00110000 0.00153000 0.00200000 0.00102000 $20,000/yr 34 Seattle 0.00215000 0.00215000 0.00415000 0.00215000 $100,000/yr 35 Shelton 0.00100000 0.00100000 0.00100000 0.00100000 $20,000/yr 36 Snoqualmie 0.00150000 0.00150000 0.00150000 0.00150000 $20,000/yr 37 Tacoma 0.00110000 0.00153000 0.00400000 0.00102000 $20,000 for taxable income or $250,000 gross income. 38 Tumwater 0.00100000 0.00100000 0.00200000 0.00100000 $20,000/yr 39 Westport 0.00250000 0.00500000 0.00500000 0.00250000 $20,000/yr 40 Yelm 0.00100000 0.00200000 0.00200000 0.00100000 $20,000/yr Average 0.00145110 0.00156850 0.00197376 0.00149982 High 0.00250000 0.00500000 0.00500000 0.00300000 $500,000/yr Low 0.00045000 0.00045000 0.00045000 0.00045000 $20,000/yr Financial Planning Manager\Revenues\[B&O Tax Rates.xlsx] DI.A Page 43 of 125 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4880 Date: November 6, 2012 Department: Finance Attachments: Resolution and Fee Schedule Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4880. Background Summary: The City Council provided for adoption of the City of Auburn Fee Schedule in the adoption of Ordinance No. 5707. In the course of reviewing City fees, and in keeping with the intent to make City fees reflective of actual costs, it is appropriate to revise and amend the fees and charges for City applications and activities for which fees are charged to adjust for changes to be effective January 1, 2013. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Staff:Coleman Meeting Date:November 13, 2012 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINEDDI.B Page 44 of 125 RESOLUTION NO. 4 8 8 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING THE CITY OF AUBURN FEE SCHEDULE TO ADJUST FOR 2013 FEES WHEREAS, in connection with the municipal functions and operations of the City of Auburn, the City provides various public services, a number of which entail fees; and WHEREAS, the City Council provided for adoption of a City of Auburn Fee Schedules in the adoption of Ordinance No. 5707, and WHEREAS, in the normal course of reviewing airport, cemetery, and parks fees and costs, and irn keeping with the philosophy of setting City fees in amounts reflective of actual costs, and in further keeping with the intent to make City fees and charges consistently accessible, it is appropriate to revise and amend the fees and charges for City applications and activities for which fees are charged to adjust for changes to be effective January 2013. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES, as follows: Section 1. The Fee Schedule of the City of Aubum is amended to provide for the fees and charges for applications and activities for which fees are charged, and the City of Auburn Fee Schedule is updated with the inclusion of the fees as set forth on the document attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4880 November 5, 2012 Page 1 of 2DI.B Page 45 of 125 Section 3. This Resolution shall be in full force and affect upon passage and signatures hereon and on January 1, 2013. DATED and SIGNED this _day of 2012. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST Danielle E. Daskam, City Clerk APP OVED S TO FORM: iel B. H ' , City __ Resolution No. 4880 November 5, 2012 Page 2 of 2DI.B Page 46 of 125 CITY OF AUBURN FEE SCHEDULE FEES FOR CITY PERMITS AND ACTIONS Effective °'^~^^• '", '^" anuarv 1 , 2013 A. PLANNING, BUILDING AND COMMUNITY DEVELOPAAENT DEPARTMENT FEES Per Ordinance No. 5707, Ordinance No. 5715, Ordinance No. 5819, Ftesolution No. 9797, Reso/ution No. 3953, Reso/ution No. 4070, Resolution No. 4117, Reso/ution No. 4143, Ordinance No. 6077, Resolution No. 4272, Reso/ution No. 4424, Ordinance No. 6276, Resolution No. 4552 d-Ordinance No. 6295 Resolution No. XXXX and Resolution No. 4880.) 1. APPLICATION FEES: Applications for any action ident ed below shall not be accepted for filing, unless otherwise noted, until the fees per the below schedule have been paid to the City ' Appllcation Type Fee Additional Meeting Fee 450.00 per meeting occurrence Address Assignment 104.00 per address AdministraGve Use Permits ('application fee covers 1 meeting with $880.00 staff aTter which addftional meeting fees apply) Appeal of Administrative Decision to Hearing Examiner 1,000.00 Binding Site Plar ('application fee covers 2 meetings with staff after $1,139.00 + $62.00/lot which additional meeting fees apply) Boundary Line Adjustment: Residerrtial 518.00 Non-Residential (includes mixed use projects) 854.00 Boundary Line Elimination 500.00 Comprehensive Plan Map Amendments3 ('application fee covers 2 $2,070.00 (inG. meetings with staff after which additional meeting fees apply)rezoning application) Comprehensive Plan Text Amendments3 ('Application fee covers 2 $1,000.00 meetings with staff after which additional meeting fees apply) Cond'itional Use Permits (•application fee covers 2 meetings with staff after which additional meeting fees apply): Residential 1,000.00 All Other Uses (includes mixed use projects) 2,000.00 Conditional Use Permits° — Minor Adjustmerrt ('application fee covers 1 meeting with staff after which additional meeting fees apply): Please note that the City of Aubum may Ilect a review fee on behalf of the Valley Regional Fire Authority for certain land use and/or environmeMal reviews which fee is collected in addition to the City's required fees. Z Per Aubum City Code, a modfication to an approved binding site plan shall be processed in the same manner as fhe original binding site plan approval. Therefore,the speafied fee shall apply to a new or modified binding site plan approval request. 3 Fees for amendmerris to text or maps of the Comprehensive Plan apply only where an applicant seeks an amendment afFeding speeific properties rather than ttie City generalty or property within the City generally. Per Aubum City Code, a major adjustrnerrt to an approved conditional use permit shall be processed in the same manner as the original conditional use permit approval. Therefore, the speafied fee shall epply to e new request for Page 1 DI.B Page 47 of 125 Application Type Fee Residential 414.00 All Other Uses (includes mixed use projeds) 554.00 Critical Areas Ordinance: On-site monitoring & reporting (required) of weUands 8 other $300.00 per monitoring environmentally sensitive areas5 event Reasonable Use Determination 259.00 Review of critical areas report not associated with land use $500.00 approval request or SE?A threshold determination request Review of reports and plans submitted to comply with $259.00 condition of land use approval or SEPA threshold determination Variance—administrative 259.00 Variancs—hearing examiner 1,000.00 Current Use Taxation ("application fee will cover 1 meeting with staff $800.00 after which addkional meeting fees apply) Development Agreement—Amendment 2,200.00 + $60.00/lot or dwelling unit Downtown Urban Center Design Review ("application will cover 1 $1,139.00 meeting with staff after which additional meeting fees apply) Environmental Reviews ("application fee covers 1 meeting with staff after which additional meeting fees apply): SEPA Checklist review (includes City issuance of DNS, $802.00 + 259.00 per MDNS, or DS as appropriate) required special study Revised or Supplementai SEPA Checkiist review (includes $350.00 +259.00 per City issuance of Addendum ff apprbpriate)special study Environmental Impact Statemerrt (EIS) or Supplemental EIS $802.00+actual costs includes scoping process, preparation and issuance of draft to prepare, conduct and final EIS/SEIS) and issue SEPA 3nd party review Actual costs Environmental Impact Statement 802.00 + adual costs for preparation of draft 8 final statements including labor, materials, mailing 8 other actual costs relating to the drafting circulating of the EIS Fee for Posting Public Notice Boards: 2x4 Notice Board 80.00 4x4 Notice Board 136.00 Final Plats — Subdivisions (`application fee will cover 2 meetings with $1,533.00+ $52.00 per staff after which additional meeting fees apply) lot conditional use pertnit approval or a request for a major adjustmerrt to a previously approved conditional use permR approval. 5 For monitoring required over multiple years,the total monitoring fee for the required monitoring period shall be paid prior to frnal plffi approval or issuance of Certificate of Ocwpancy or acceptance of required bond. Page 2 DI.B Page 48 of 125 Apptication Type Fee Firial Plats — Short Plats (*application fee will cover 1 meeting with $750.00 + $25.00 per staff after which additional meeting fees apply) lot Flexible Development Attematives Review ("applicatian fee will cover $1,139.00 1 meeting with staff after which additional meeting fees apply) Hearing Examiner— Conduct of Hearing and Preparation of Decisione Total hourly charge for hearing examiner plus associated expenses to be paid by appiicant prior to issuance of final decision Floodplain development permit (when other City of Aubum $0 development permits required) Floodplain development pertnit (stand alone permit; no other City of $50.00 Aubum development pertnits required) Habitat Impact Assessment RepoR Review Fee (stand alone $250.00 submittal) Habitat MRigation Plan Review Fee (stand alone submittal) 250.00 Combined Habitat Impad AssessmenUNlitigation Plan Review Fee 500.00 Mining Permits ("application fee covers 3 meetings with staff after $3,623.00 which additional meeting fees apply) Miscellaneous Administrative Decisions (i.e. sign area deviation, $500.00 written iMerpretations, etc.) Multi-Family%Mixed Use Design Standards Compliance Review $1,139.00 application fee will cover 1 meeting with staff after which additionai meeting fees apply) Plat Alteration or Vacation (•app ication fee covers 1 meeting with staff $1,000.00 per request after which add'Rional meeting fees apply) Plat Modification (*application fee covers 1 meeting with staff after $1,000.00 per request which additional meeting fees apply ) Preliininary Plats — Subdivisions ('application fee covers 3 meetings $3,000.00 + with staff after which additional meeting fees apply ) 120.00/lot Preliminary Plats—ShoR Plats (•application fee covers 1 meeting with $1,449.00 staff after which additional meeting fees apply ) Preliminary Sfte Plan Review (non-PUD) ('application fee will cover 1 $1,035.00 meeting with staff after which additional meeting fees appty) Pre-application Meeting ("application fee ctivers 1 meeting with staff $259.00—fee will be after which additional meeting fees apply ) applied towards any related application made virfin 6 months of the date the pr appl'ication meeting wa"s held. PUD — Major Adjustment' (*application fee covers 2 meetings with $2,588.00 staff after which additianal meeting fees apply ) 8 The total cost for the Hearing Examiner is in addlUon to the relevant application fee for applicaGons requiring a public hearing before the Hearing Examiner(e.g.eonditional use permit). Page 3 DI.B Page 49 of 125 Application Type Fee Rezone (map amendment)8 1,760.00 School Impact Fee Collection:9 Per Single Family Dwelling Unit 52.00 Per MuRi-Family Dwelling Unit 26.00 Shoreline (*aPplication fee covers 1 meeting with staff after which additional meeting fees apply): Exemption Determination 215.00 Conditional Use Permit 1,139.00 Substantial Development Permit 1,139.00 Variance 1,139.00 Short Plat Application— Preliminary ("application fee covers 1 meeting $1,449.00 with staff after which additional meeting fees apply ) Short Plat Modification (*application fee will cover 1 meeting with staff $259.00 per requested after which additional meeting fees apply) modification Sign Permit 100.00 Site Plan Approval — PUD, Residential9 (" application fee covers 1 $1,139.00+ $62.00/lot meeting virith staff after which additional meeting fees apply ) or unit Site Plan Approval - PUD, Non-residentiale (* application fee covers 1 $1,139.00+ $62.00/lat meeting with staff after which additional meeting fees apply ) or unit Special Home Occupation Permits 259.00 Three-Party Outside Utility Extension Agreement - Site Specific $1,035.00+ plus the Review. (*application fee covers 1 meeting with staff after which City's actual costs in additional meeting fees apply ) pertorming under the tertns of the agreement as negotiated between the parties Type I Temporary Use Permit 96.00 + $48.00 per extension request Type II Temporary Use Permit 144.00 + $48.00 per extension request Variance (inclusive of Special Exceptions): Per eacti residence on a single family lot 259.00 All Other 575.00 Water/Sewer Certificate (outside of city limits for other than single- $311.00 family) Zoning Certification letter Residential 52.00 Non-Residential (includes mixed use development) 104 00 Zoning Code Text Amendmerrt (*application fee covers 1 meeting with $1,035.00 staff after which additional meeting fees apply ) A prior City Cade amendment eliminated Planned Unit Developments (PUD). The PUD fees included herein ere applicable only ta the existing previously approved PUDs, Application fee covers 2 meetings with staff after which additional meeting fees apply B The City imposes an application fee to cover the reasonable cost of administration of the impact fee program. Page 4 DI.B Page 50 of 125 2.BOOKS, MAPS, MATERIALS 10(pursuant to Reso/ution No. 3953) Descriation: Fee Comprehensive Plan Cost of Production Downtown Plan Cost of Production Downtown Plan Appendices Cost of Production Copies of codes and ordinances Cost of Production Maps Cost of Production 3. LAND CLEARING, GRADING AND FILLING FEES (Per Ordinance No. 6146, Resolution No. 4272 and Resolution No. 4424.) Land Clearing Fees: Base Fee (for up to 1 acre) 311.00 Additional Fees: 1 to 5 Acres Base Fee + $114.00 per acre Over 5 Acres Base Fee + $83.00 per acre Grading and Filling Fees: Base Fee: 311.00 Additional Fees: For 500 to 250,000 Cubic Yard (CY) Base Fee + $0.12 per CY Over 250,000 Cubic Yards (CY) Base Fee + $0.02 per CY 4. PERMIT FEES (per Ordinance 5715, Orcfinance 5819, Reso/utron No. 3773, Reso/ution No. 3797 Reso/ution No. 3818, Reso/ution No. 3953, Resolution No. 4143, Ordinance No. 6146, Reso/ution No. 4272 and Resolutron No. 4424) a. Building Permit Fees: The fee for each Intemational Building Code, Intemational Residential Code, Washington State Energy Code or Washington State IndoorAir Quality Code building permit shall be as set forth in Table 1-A, below " Table 1-A BUILDING PERMIT FEES TOTAL VALUA770N FEE L00 ro$500.00 32.00 501.00 to 52,000.00 32.00 for Me firs[ $500.00 pius $6.00 for eech edditional $100.00, rn 6action thereof, ro end includin $2 000.00 70 Prices for priMed materials do not inGude any taxes. Please note that the City of Aubum may collect a review fee for the Valley Regional Fire Authority for certain permk applications that is collected in addition to the City's required fees. Page 5 DI.B Page 51 of 125 2,001.00 m$25,000.00 114.00 for the fust$2,000.00 plus$18.60 for each additlonai$I,000.00,or Gac[on ihaeof,to end includin $25 000.00 25,001.00 to$50,000.00 544.00 Cor the first$25,000.00 plus$I4.00 for eech additional$1,000.00,or fraction thereof,to end includin $50 000.00 50,001.00 to$]00,000.00 903.00 for t6e first$50,000.00 plus$10.00 for each additional$1,000.00,m Gaction thercof,to md includin $100000.00 100,001.00 W$500,000.00 1,397.00 for the first$100,000.00 plus$9.00 for each edditional$1,000.00,or fraction thaeof,m end includin $500,000.00 500,001.00 m$1,000,000.00 4,912.00 tor the first$500,000.00 plus$8.00 far each ndditional$1,000.00,or Eection thtteof,to end includin S1000000.00 I,000,000.00 md u 8,769.00 fm the first$I,000,000.00 lus$6.00 For each addidonai$I,000.00 or frection thereof Other Inepectione and Fees: l.Inspections outside of nortnel business 6ours 63.00 pv hour' mimmum cherge-hvo hours) 2.Reinspection fees assessed under provisions of Section 109.4.13. 63.00 pu hour' 3.Inspections for which no fre is specifically indicated 63.00 pa hour' minimum charge-one half hour) 4.Additlmiel plm review required by chm ges,additions or revisions to plans 63.00 pw hour' minimum cherge-one Nalf how) 5.For use of outside consulten[or plan chtcking end inspec[ions,or both Actuel costs' FOOTNOTES: Or the total hourly cost m the jurisdictian,whictiever is the grea[est.This cost shell inciude supervision,overhead,equipment,hourty weges end Ginge ben ts of the employees involved. Actual costs inciude adminishadve end vverhead cosrs. b. Mechanical Permit Fees: The fee for each permit issued under provisions of the Intemational Mechanical Code, Intemational Fuel Gas Code, NFPA 54 (National Fuel Gas Code), NFPA 58 (Liquefied Petroleum Gas Code), or the mechanical device provisions of the Intemational Residential Code shall be as set foRh in Table 2-A, below. For new single-family dwellings a flat rate pertnit fee of$185.00 may be charged in lieu of fees as prescribed in Table 2-A. Table 2-A MECHANICAL PERMTT FEES PermN Iseuana aoa Haare: 1.For the issuence of each mechenicel permit.26.00 2.For issuing eech supplemental permit for whiFh the original permit has not expired,ban csnceled or finaled. 9.00 Unit Fa SehMWe No1e:The following do rtot Inelude permN-lssuingjee.l 1. Famecea: For the mstallation m relocetion of forced-air m grav ty-type Cumace or bumer,including ducis m d vents etlached m such apphence up to md including 1000,000 BtWh(29.3k14. I8.00 For the installetion or relocetion of forced-eir or gravity-rype fumece or bumer,including ducLS end vents etuchod to such epplience over 100,000 Ba/h(29.3k 22.00 For the installation w relocarion ofeech floor fumece,including vrnt. 18.00 For Nt mstallation ot roloca6on of each suspended heater,recessed well heeter or floor-mounted unit heater 18.00 2. Appiiance Vents: For the installation,rolocation or repiacement of each appliance vent installed and not incWded in an applim ce pertniL 59.00 3. RepairoorAdditioos: For the repair of,the altera[ion of,or addition W each heaWg epplience,refrigeretion unit,caoling unit, absorption unit,or each heating,cooling,absalption or evaporative cooling system,including instellation of controls regutated by the Mechanicd Code 16.00 Page6__------__----------- DI.B Page 52 of 125 4. Boilm,Compreea on aod AbsorpHon Systema: For the instailedon ar relocetion of eech boiler or wmpressor to and including 3 horsepower(]0.6 kV,or eech absarptian sys em w and includ'mg I OQ,000 Btu/h(29.3 k4 I8.00 For Ne installation or relocetion of each boiler or compressor over 3 horsepower Q 0.6k W and inciuding I S horsepower(527 k,or eecA ebsorpnon sys[em ovu 100,000 BtWh(29.3 k1A to and including 500,000 Btu/h(146.6 kNn 31.00 For the installation or reloceuon of each boiler or compressor over I S horsepower(52Jk ro and including 30 horsepower(105.5 kN,or each absorption system over 500,000 Btu/h(146.6k1 to m d including 1,000,000 Btu/h(293.1 kN 4I.00 For the installetion or relocation of each boiler or compressor over 30 horsepower(I OS.SkN to end inctuding 50 horsepowor(176 kl,or each absoryaon system over 1,000,000 BaJh(293.1 kV ro end including 1,750,000 Bnill(512.9 kl 62.00 For the installarion or relocetion of eech boiltt or compressor over 50 horsepower(176 k1i,or each absorption system over 1.750.000 Btu/h(512.9 kl 5102.00 5. Air Iiaodlen: For each air handliog unit w m d including 10,000 cubic feet pw minute(cfm)(49t9 Us),including ducts attachedthcreW 12.00 Note:1'his fa does not appiy to an airvhandling unit which is a portion of a factory-azsembled appliana,cooling rystem, evapontive cooler or absorption unit for which e permit is,equircA elsewhere in the Mechanical Code. For tach air-handling mi[over 10,000 cfrn(4719 Us) 22.00 6. Evaporative Coolen: For each evaporetive cooler other than a portable type 512.00 7. Veetlletloo aod Exhnuat: For eech veMiletion fan connected w a single duct. 9.00 For each veeUlation systero which is not a portion of any heeting or air-canditioning system eWhoriud by a pmnit I2.00 For the installation of each hood which is served by a mechanical e aus;including the ducts for each hood I2.00 8. Ineineretora: For tho instailation or rclocation of each domatic-type incinera[or 522.00 For the instatlation or relocation of each commercial or industrial-rype incinerator I8.00 9. Miscellaneous: For each epplience or piece of equipment regulated by the Mechanical Code bu[not classed in other appiiance categaries or tor which no other fee is lismd in the table 12.00 Other toapectiom and Fees: I.[nspections outside of nortnal business hours,pa hour(minimum charge-two hours) E63.00 2.Reinspection fees assessed mder pmvisions of Section 109.4.13 $61.003.Inspections for which no fa is speci6ca ly indicated pn hour minimum cherge-one-half hour) 63.00 3.Additional plm review required by chenges,edditions or revisions to plans or to plens for which an inaial review has bern wmpleted(minimum chmge-onFhalf hour) 563.00 Or the total wst to ihejurisdiction,whichever is greatest This cost shall include supervision,overhead,equipment,hourly weges end fringe benefits of the em lo as imolvW. Page 7 I DI.B Page 53 of 125 c. Plumbing Code Pertnit Fees: For new single-family dwellings a flat rate permR fee of$185.00 may be charged in lieu of fees as prescribed in Table 3-A. Table A PLUMBING PERMIT FEES Permit tasoance: 1. For issuing eech pamit 524.00 2. Fm issuing eech supplemeotal permit 512.00 Unit Fee&Atdule(in edditioo to ihm 1 aod 2 above): 1. For eecN additional plumbing fucturc on one vap or a sa of fixtums on one vep including water,dreinege piping end 6acldlow protcction theteforc) 9 4 2. Fm each building sewer and each trailtt pmk sewer 519.00 3. Rainwater sysums per dmin(inside building) 9.00 4. For each water heater anNor vent 9 5. For each industrial waste p etccaunont mrcrcoptor including its trap nnd vrnt, except kicchen-type grcsse interceptors functioning ss fixnue traps 9.00 6. For each instellation,altermion or rcpe'u or wazer piping d/or wata ueetrnrnt,tach 59.00 7 Fm each rcpsir or elterelion of a dlainege or vrnt piping eech fixuu e E9.00 8. For eech lawn sprinkla system on my one meter including bacldlow protection dtvices tliaeforc E9.00 9. For atrnospherio-type vacuum breekrn not included in itan 12: 5 56.00 over5.each S2.OD 10. Fm each barkNow pmtxtive device ofher Man aunospheric rype vacuum brcakers: 2 inch(51 mm)diameter end smdlv 59.00 o u2 N n csi)a ai.00 11. For initlal installation and testing for a mcleimed weter system 535.00 12. Fm each aonual cross-connation testing of n redaimed waster system(excluding innial taQ 535.00 13. For ee h medical gna P P S ri serving one to f ve inlet(s ouUet(s)for a specific ps 57.00 14. For each additional medical gas inlet(s)louUet(s) 56.00 Other Impectioos and Fees: I. Inepectlons oWSide of nmmal businas hours. 3• 2. Reinspution fee. 563.00 3. Inspections Cor which no fee is spocifically indicated 63.00 4. Additionei pian miew rcquired by chmges,additions or revisions m epprm d plms(minimum cherge-onahalf hour) 63.00 Pa hour for eacA hour worked or the total hourly cost W Ihe jurisdiction,whichever is geater.This cost shall include supervision,ovethead, equipmrnt,hourty wages mul8ingr brnefits of all tht employas involved. Fees: Pertnit fees shall be assessed in axordance with this section. Fees specified shail be adjusted for infla6on each year based upon the Seattle Consumer Price Index. Fees shall be rounded down to nearest whole dollar Appeal Fees: The fee for appeals of codes adopted pursuar t to ACC Chapter 15 shall be 110.00 plus total hearing examiner costs. Plan Revlew Fees: When submitted documerrts are required by Section 106.3 of the Construction Administrative Code, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table 1-A. The plan review fees specified in this section are separate fees from the pertnit fees and in addition to pertnit fees. Temporary CeRiflcate of Occupancy Fees: There shall be a fee equal to ten percent of the building permit fee for issuance of a temporary certificate of occupancy Page 8 DI.B Page 54 of 125 5. ADMINISTRATIVE PROCEDURES AND MISCELLANEOUS INSPECTIONS: In addition to any other fees specified in this chapter, tliere shall be a fee schedule for certain administrative procedures not othennrise included as set forth in the following schedule of fees: Adult Family Home Inspection 160.00 Demolition, pertnit and inspections Per Table 1-A Relocation (pre-inspection)' PerTable 1-A Housing inspection Actual city cost, minimum $21.00 Change of use Per Table 1-A Sign permits Unless except by Ch. 18.56 ACC, the fee shall accompany each application for a sign permit. The amourrt of the fee shall be based upon the value of the sign pursuant to Table 1-A. 6. RENTAL HOUSING BUSINESS LICENSE FEES (Per Reso/ution No. 4601, Ordinance No. 5882, Reso/ution No. 4272 and Reso/ution No. 4424): 1) The fee for a license to operate rental housing businesses in the City, as defined in Chapter 5.22 of the Aubum City Code (ACC) shall be based on the total number of units as follows: a) One to four dwelling units: $53.00 per year; b) Five to 24 dwelling units: $106.00 per year; c) Twenty-five or more dwelling units: $212.00 per year 2) The fee for a license to operate rental housing businesses in the city shall be for the license year from January 1 to December 31, and each applicant must pay the full fee for the current license year or any portion thereof during which the applicant has engaged in the operation of rental housing businesses. 3) The rental housing business license fee required by this chapter is in lieu of, and not in addition to, the general business license fee required by Chapters 5.05 and 5.10 of the Auburn City Code (ACC); provided, however, that any person required to obtain a rental housing business license must.also obtain a general business license, at no cost, pursuant to Chapters 5.05 and 5.10 of the Aubum City Code (ACC). 4) Notwithstanding the provisions of sub-section (1) of this section, the fee for operating rental housing facilities for any single individual, partnership, corporation or entRy shall not exceed $424.00 per license period. For the 2010 calendar year only, rental housing business license renewals shall be valid for the period July 1, 2010 to December 31, 2010 subject to the payment of one-half of the specified fee. For the 2011 calendar year and subsequent calendar years, rental housing business license renewals shail be for the period January 1 through December 31 Page 9 DI.B Page 55 of 125 7 ANIMAL LICENSING FEES AND PENALTIES (Per Resolution No. XXXX and Reso(ution No. 4880): RESERVED PEND/NG COUNCIL APPROVAL OF RESOLUT/ON NO.)OOOC. Page 10 DI.B Page 56 of 125 B. AUBURN MUNICIPAL AIRPORT FEES (Per Ordinance No. 5707, amended by Ordinance No. 5715 and Ordinance No. 5819, and amended by Resolution No. 3784, Resolution 3797, Resolution No. 3841, Resolution No. 3953, Resolution No. 4117, Resolution No. 4270, Resolution No. 4414 aa Resolution 4734, and Resolutron No. 48801 1 Lease Fees: Lease Tvae Fee Open Single 182.59 „ Open Twin 211.09 2968 Closed R-2 278.37 ?& Closed R-9& 10 389.14 1-- Outside Tiedowns 61.35 Storage Rows 3-8 105.68 Storage Units (185 sq. ft. - Buildings 9, 10) 94.07 92-23 Storage Units (298 sq. ft:) 113.37 „ Storage Units (380 sq. ft. - Buildings 9, 10) 114.62 4- The West End Hangars located on Hangar rows 9 and 10 have an additional 298 square feet each. There shall be an additional $100.00 per month surcharge for the additional space. A seeurity surcharge of $5.00 per month is charged, in addition to the base monthly rental fees provided in this section, for each tie-down, each hangar door and each storage rental area, which sec.urity surcharge fees are to be used for the provision of increased security at the Autium Municipal Airport (approved by Ordinance No. 5500 on Jarivary 16, 2001). For the purposes hereof, each tie-down consists of the strudures/facilities necessary to accommodate one (1) regular sized light aircraft. Furthermore, the hangar doors to which the security surcharge applies includes all hangars located at the Aubum Municipal Airport, including those hangars built on land owned by the City but leased to private parties, and those hangars owned in a condominium type ownetship. The above lease and security surcharge amounts are subject to applicable leasehold taxes, which shall be paid by the tenant. The total charges, including the above ease rates plus lease hold tax and surcharge shall be reflected in morrthly billing rates. Tenants shall be given notice as required by Ordinance or lease agreements. The Airport Lease rates shall be effective January 1, 299 2013. Payments. Payments are due on the first of each month, past due as of the 5"' and late as of the 15'" Payments not received by the 15"' incur a $10.00 late fee. Payments not received after 30 days from the due date incur an additional $25.00 delinquency fee. Automatic gate electronic cards. One automatic gate electronic card will be issued to each tenarrt free of charge. Any additional electronic cards requested by a tenant are subjeat to a 25.00 non refundable fee. A $25.00 replacement fee will be assessed against the tenant for all lost or damaged eledronic cards. All electronic cards must be retumed to the airport at the time of lease expiration. Page 11 DI.B Page 57 of 125 Each lease shall include an initial payment of first and last months' rent ptus a damage deposit in the amount of two times the monthly base rate. Each lease agreement shall also include terms that authorize the city to apply the damage deposit to outstanding charges on termination. 2. Daily Transier t Parking (overnight) Rate Tie Down 5.00 Open "T° 25.00 Enclosed Hanger 35.00 3.Base Parking Fee—Designated Spaces A base vehicle parking fee of $50 per month per designated space is charged. There are ten designated spaces available on a first cortie basis for pilots to park or store a vehicle for an extended period of time. All airport rules and regulations apply A Vehicle Storage Pertnit must be completed and appropriate fees paid. The storage of vehicles is for convenience for the users of the Aubum Airport and is month-to-moMh. 4.Base Parking Fee—Tie Down Area Spaces A base fee of $100 per month is charged for use of vacant tie dovm area spaces for line controlled hobby aircraft. A designated area will be determined by the Airport Manager and a Memorandum of Understanding will be completed and signed by authorized individuals. This is a monthly fee charged from time to time for hobby club use. 5. Add"Rional Airport Fees Gate Cards (each lease aets one card at no charqe. Additional cards cost 25.00 25.00 non refundable) Ae onautical.Business License (inc/udes listing of your business on 250.00 airporf signs and airport webpage.) Hanger Waitlist Fee 50.00 Page 12 DI.B Page 58 of 125 C. POLICE DEPARTMENT FEES (Per Ordinance No. 5715 amended by Ordinance No. 6216, 5819, Resolution No. 3797, Resolution No. 3953, Resolution No. 4117, Resolution No. 4272, Resolution No. 4424, Ordinance 6216, Ordinance 6276 and Resolution No. 4552. False Alarm.fees per Ordinance No. 6216 amended by Ordinance Nos. 6252 and 6345.)) Type Fees Police Report/Collision Report (fee not charged where requested by $13.25 victim or party invoived) sa Letter 5.00 Fingerprinting Fees (fee not charged where taking of fingerprints is $15.00 (per card) required by city) Health Services (to be colleded from persons confined in the Aubum $8.00 City Jail who requests health services) Electronic Home Monitoring (per inmate, per day with fee set by $15.50 WASPC) Annual Alarm Registration Fees: Residential 24.00 Commercial 24.00 ResidenGal Low Income Seniar CitizeNDisabled Citizen 12.00 Late Registration Fee 25.00 Aubum Security Alarm License 10 per each registered alarm user to a maximum of$100 annually Late License Fee 25.00 Reinstatemerrt Fee 100.00 plus $10 per permitted user False Alarm Service Fees: Burglar False Alarm Service Fee* 100.00 Robbery, Panic and Burglary Crime in Progress Faise Alartn Fee" 200.00 Supplemental Fee for Non-permitted Alartri System, each alarm 200.00 Fee for false alarm caused by Monitoring Company or Alarm $100.00 Installation Company employee First Dispatch Report during time of suspension 100.00 Each dispatch thereafter 25.00 Late fee 25.Q0 Appeals 25.00 The alarm administrator wiil waive the first false alartn fee following the installation of an alarm system at a particular address. Page13 .._..._.--------_.._—__.... DI.B Page 59 of 125 D. CITY CLERK FEES (Per Orclinance No. 5715, Orclinance No. 5819, Resolution No. 3797, and Resolution 4244.) Tyue Fees Fees for public records—Colleetion Non-ceR ed copies of public records 0.15 per page Non-certified color copies (letter and legal sized) 0.55 per page Non-cert'fiied colar copies (11x17) 1 10 per page Cert ed copies of public records 4.00 per page Non-certfied copies of public records where a search or 4.00 for 1" page and documentation is required) 2.00 each add'I page Fees for Aubum City Code book and supplemerrts Copy of Aubum City Code book (with latest supplement) 100.00 per code book Supplements to the Aubum City Code book 11.00 per copy Page 14 DI.B Page 60 of 125 E. CITY CEMETERY FEES (Per Ordinance 5715, Resolution No. 3797, Resolution No. 3953, Reso/ution No. 4027, Resolution No. 4103, Resolution No. 4117, Reso/ution No. 4272 Resolution No. 4424, Reso/ution No. 4552, Resolution No. 4675 ad-Resolution 4778 and Resolution No. 4880.) GRAVES Section 9A and 9B 2,395.00 - $2,495.00 All other adult graves 1,995.00 - $2,195.00 Child's Place 300.00 Double Depth (includes 2 burial spaces/2 liners) 4,390.00 Section 9A 8 9B (Quads & Upright monument plots)3,995.00 each Seotion 96 (Dry river bed area—Block 41A) 4,995.00 each new GROUND CREMATION PLOTS Centennial Um Garden (single) 695.00- $995.00 Centennial Um Garden (double) 1,295.00 Section 9 Upright Sedion Um Plots (4 ums) 3,195.00 NICHES Mausoleum (top rows available only) Single 695.00 Centennial Columbarium II (1 or 2 ums) Row 1 Top SOLD OUT Row 2 Middle 8 98SOLD OUT Row 3 Middle 1,795.00 - $1,895.00 Row 4 Bottom 51,695.00-$1.795.00 CHAPEL OF MEMORIES— INTERIOR NICHES' Niche Dimensions 12 x 12 Single 2,195.00—$3,595.00 12 x 18 Double 3,295.00—55,995.00 12 x 24 Family (up to 3 ums) 6,895.00—$8,295.00 The above niche prices include one bud vase per niche. Inumment will be $395.00 - 95.00 per occasion. See guidelines for additional pertinerrt infortnation. A single inscription on the glass front is $175.00 - $195.00 plus tax. Um's to be purchased separately CHAPEL OF MEMORIES— EXTERIOR NICHES" Rows 4, 5 & 6 Rows 2 & 3 Rows 1, 7 8 8 Niche 2,695.00 2,295.00 1,895.00 If the niche (extemal) is to be used as a doubie niche, the inumment, inscription and tax will be due when a second um is placed. (Row 1 is the bottom row) OVERTIME WILL BE CHARGED AT $150.00 - 5175.00 PER HOUR AFTER 4:30 P.M., MONDAY THROUGH FRIDAY THE SATURDAY SERVICE CHARGE IS $595.00 - 5695.00 FOR FULL INTERMEIVT AND$325.00-5395.00 FOR CREMATIOIV SERVICES. EXTENDED LAND USE 495.00 MEMORIAL PLAQUE - $175.00 additional for inscription +tax 295.00 SERVICES Chaoel of Memories" rental for services 195.00 Opening and Closing—Ground Burials LinerNault 1,195.00 -$1,295.00 Children's Place 295:00 Page 15 DI.B Page 61 of 125 Opening and Closing -Cremation ForestWalk 495.00- 595.00 Cremation Plot 495.00- 595.00 Niche - $175.00 - 195.00 for additional inscription +tax $395.00 Opening and Ciosing - Entombmerrt - $175.00 - $195.00 $895.00 inscription +tax Vault installation +tax 395.00 Marker Services Flat Grass: Setting Fee+tax 295.00 Resetting Fee +tax 150.00 New Insaection Fee for outside sales 1$ 50.00 Upright: Setting Fee +tax 425.00 Resetting Fee 325.00 Vase Setting Fee +t vc 45.00 Recording Fee 100.00 Overtime Charge-per hour 175.00 Saturday Service Fee Full Interment 595.00 - 695.00 Cremation 325.00 - 395.00 MATERIALS Flower Vases: (prices include vase setting fee) Standard 125.00 Deluxe Cast Zinc (gray or bronze.zinc) 175.00 Deluxe Wall (brass) 175.00 Liners: Concrete Liner+tax 595.00 - 95.00 Mountain Vew Vault (+ installation fee &tax) 795.00 - 995.00 Double Depth +tax 895.00 Irrfarrt+tax as required Um Encasement+tax 195.00 VauR Installation +tax 395.00 - 495.00 FORESTWALK INFORMAL CREMATION GARDEN Single 3'Double 4' Single Ground Plot $695.00- 995.00 Double Ground Plot $9-9A2.195.00- 3,995.00 Feature Site 4' Wishing Well Double Ground Plot $SOLD OUT Spttering 295.00 monument and tax Biodegradable Um 125.00 +tax Add for 2n° Inurnment 495.00 Granite Memorials Start At 295.00 +tax Add for 2n0 Marker Inscription $195.00+tax Page 16 DI.B Page 62 of 125 F PUBUC WORKS DEPARTMENT FEES 1 Transportation Impact Fee Rate Schedule: (Per Oralinance No. 5763 as amended by Reso/ution No. 3953, Ordinance No. 6005, Reso/ution No. 4103 and Reso/ution No. 4424.) Land Use ITE Land Use Measure Trip Rate Fee Rate Code Residential SF residential 210 dwelling 1.01 3,882.61 MR residential 220, 221, 230, 233 dwelling 0.62 2,519.58 Senior housing 251 dwelling 0.26 799.59 Mobile home in MH park 240 dwelling 0.59 1,814.45 Commercial- Services Drive-in bank 912 sf/GFA 45.74 45.21 Day care center 565 sf1GFA 13.18 21 72 Hotel 310 room 0.59 2,592.07 Motel 320 room 0.47 2,064.87 Library 590 sf/GFA 7.09 9.93 Pos4 office 732 sf/GFA 10.89 15.25 Service station 944 VFP 13.86 $10,351.57 Service station with mini mart 945 sf/GFA 96.37 53.98 Auto care center 942 sf/GFA 3.38 5.72 Movie Theater 444, 445 seat 0.07 150.31 Heaith Club 492, 493 sf/GFA 4.02 10.34 Commercial-Institutional Elementary school 520 sf/GFA 1 19 1 78 Wliddie school%.lr High 522 sf/GFA 1 19 2.82 High schbol 530 sf/GFA 0.97 3.15 Asst. Living, Nursing Home 254, 620 bed 0.22 676.57 Church 560 sf/GFA 0.66 2.68 Hospital 610 sf/GFA 118 5.19 Commercia!-Restaurant Resta_urant 931 sf/GFA 7 49 22.38 High tumover restaurant 932 sf/GFA 10.92 22.07 Fast food restaurant 934 sf/GFA 34.84 38.27 Espresso Stand drive thru NA site 6.00 2,636.00 Commercia!-Retail Shopping Shopping center 820 sf/GLA 3.75 6.06 Page 17 DI.B Page 63 of 125 Supermarket 850 sf/GLA 10.45 18.08 Convenience market 851 sf/GLA 52.41 33.68 Freestanding discouM store 813, 815, 861, 863, 864 sf/GLA 4.53 7.31 Hardware/pairit store 816 sf/GLA 4.84 3.62 Specialty retail center 814 sflGLA 2.71 2.53 Fumiture store 890 sf/GLA 0.46 0.52 Car sales-New 841 sf/GLA 2.64 10.67 Carsales-Used NA space'0.28 1,13172 Commercial- Office General ce 710, 715, 750 sf/GFA 1 49 7.57 Medical office 720 sf/GFA 3.72 14.71 Industrial Light industry/manufacturing 110, 140 sf/GFA 0.86 6.02 Heavy industry 120 sf/GFA 0.86 5.33 Industrial park 130 sflGFA 0.86 6.02 Mini-warehouse/storage 151 sf/GFA 0.21 1.35 Notes: A. Basic trip rates are based on the ITE Trip Generation Manual, 7th Edition. B. Impact fee rate calculation is based upon the following methodology Basic Trip Rate= PM Peak Hour Trip Generation (per unit of ineasure) Basic Trip Rate x Percent of New Trips x Trip Length Adjustment x Per Trip Fee/(divide by) 1,000 for rate per square foot (where applicable) = Impact Fee Rate (per unit ofineasure) C. For land uses not specifically identified here, trip generation rates could be derived from ITE or a special study by the applicar t. D. sf /GFA= Square feet Gross Floor Area; sf/GLA= Square Feet Gross Leasable Area; VFP=Vehicle Fueling Position. 2. Truck-Dependant Land Use Supplementary Transportation Impact Fee Rate Schedule: (Per Resolution No. 4122 and Resolution No. 4424.) Land Use ITE Land Use Unit of Measure Truck Trip Impact Fee Code Rate Rate (per s lndustrial LigM IndustrylManufacturing 110,130, 140 sf/GFA 0.06 $0:11 Heavy Industry 120 sf/GFA 0.04 $0.09 Commercial-Retail Shopping CeMer 820 sf/GLA 0.01 $0.01 Space is individual vehiGe sales space:70 vehidea for sale=70 vehide spaces. Page 18 DI.B Page 64 of 125 Supermarket 850 sf/GFA 0.33 $0.64 Free-Standing Discount Store 813, 8 5, 86, 863, 86a sf/GFA 0.10 $0.19 Home Improvement sf/GFASuperstore862 0.37 $0.70 Car Sales-New 841 sf/GFA 0.09 $0.16 Commercial- Restaurant Restaurarrt 931 sf/GFA 0.63 $ 1.20 Fast Food Restaurant 934 sf/GFA 2.87 $5.51 Notes: A. ITE Land Use Code based on ITE Trip Generation, 7th Edition B. Impact fee rate calculation is based upon the foliowing methodology Truck Trip Rate= Daily Truck Trip Generation (per unit of ineasure) Truck Trip Rate x Per Trip Fee = Impad Fee Rate (per unit of ineasure) C. For land uses not spec caliy iderrtified in the table, trip generation rates couid be derived fram a special'study by the applicant. D sf/GFA=Square feet of Gross Floor Area; sf/GLA= Square Feet of Gross Leasable Area 3. Impact Fees By Land Use - Revenue Credit = 20% (Per Ordinance No. 5977, Resolution 3953, and Reso/ution No. 4022) Total Adjustment Fire and EMS Fire and EMS Revenue impact Fee Cost Credit)At Fer Land Use Per Unit Of 20 o Unit of Development Development Residential Single Family, Duplex, Mobile Home $ 362.66 72.53 $ 290.13 per dwelling unit Multi-family 383.09 76.B2 306.47 per dwelling unit Non-Residential Hotel/Motel 0.53 0.11 0.42 per sq ft Hospital/Clinic 1.05 0.21 0.84 per sq ft Group Living 2.63 0.53 2.10 per sq ft Office 0.29 0.06 023 per sq ft Retail 0.62 0.12 0.50 per sq ft RestauranUBar/Lounge 1.62 0.32 1.30 per sq ft IndustriaVManufacturing 0.11 0.02 0.09 per sq ft Leisure%Outdoors 1.08 0.22 0.86 per sq ft Agricuiture 0.71 0.14 0.57 per sq ft Church 0.38 0.08 0.30 per sq ft SchoolslColleges 1.07 0.21 0.86 per scj ft Govemmerit/Public Buildings 1.81 0.36 45 per sq ft Page 19 DI.B Page 65 of 125 Casino 3.78 0•77 3.01 per sq ft Jaiis Z.gg 4 40 17.59 per sq ft 4. Facility Extension Fees: (Per Ordinance No. 5791 and amended by Ordinance No. 5819, Resolution No. 3953, Resolution No. 4272 and Reso/ution No. 4424.) The Facility Extension Application Fee is $552.00, plus $167.00 for each Faciiity (Water, Sanitary Sewer, Storm Drainage, Street, private street and private storm systems within private streets). Facility Extension Fees are the summation of the following categories (a+b+c+d), or$1,660.00, whichever is greater a.For the combined linear footage of water, sewer, storm drainage and private storm drainage within private streets: The first 0 lineal feet (LF)to 1000 LF is charged at $5.50 per LF plus, The next 1 D01 LF to 2500 LF is charged at$2.80 per LF plus, Any additional over 2500 LF is charged at$1.65 per LF b.For the linear footage of streets and private streets: The first 0 LF to 500 LF will be charged at$6.90 per LF plus, The next 501 LF to 1000 LF will be charged at$4.10 per LF plus, Any additional over 1000 LF will be charged at $1 10 per LF c.For non-linear extensions such as pump stations or traffic signals, the extension fee wiil be determined by the City Engineer based on an estimate of the City's labor Cost associated with the plan review, inspection, and administration of the application. d.For that portion of the water or sewer facility located outside City Limits, but within existing CouMy (King or Pierce) right-of-way, an addftional fee of $444.00 plus $5.00 per LF of the combined water and sewer extension located in the existing County right-of-way applies. Facility Extension Fees will be paid as follows: 1 Forty percent (40°k) at the time of execution of the facility extension agreemerrt. 2. Sixty percent (60°k) upon the City's approval of the construction drawings and prior to the start of construdion. 5. Right-of Way Use Permit Fees: (Per Ordinance No. 6125) Type A—Banner 30.00 Page 20 DI.B Page 66 of 125 Type B—Short term:60.00 Type C— Long tertn:100 for the 1`year/$30 for each additional year Type D—Hauling: 100.00+estimated staff time $50 per hour Street Closure—Type B or C: 90.00 Sidewalk Closure—Type B or C: $80.00 Parking Closure—Type B or C: 60.00 6.Flood Control Zone Permit: (repealed by Ordinance No. 6295) See Planning fees. 7 Street and Alley Vacations: (Per Resolution No. 4143) 750.00 8.Utility System Development Fees: (Per Orcfinance No. 5819 and amended by Reso/ution No. 3797, Resolution No. 3953, Ftesolution No. 4272 and Resolution No. 4424.) For all utilities, a charge in lieu of assessment or payback charges may be applicable for the proportional share of the utility line being connected to. a. Water Utility Connection fees are comprised of a Water Service Installation Permit Fee and the System DevelopmeM Charge as follows: Meter Water Service InstallaGon Permit Fee System Size Existing Water Water Service& Meter Box Installed b Ci "" Development In Inches) Service&Meter Box' Paved Sheet Un ved Street Charge(SDC) orless 212.00 52175.00 51,170.00 52424.00 1 280.00 2,380.00 51,475.00 S4 048.00 1-1l2 450.00 3,210.00 52,305.D0 8 072.00 2 560.00 3 488.00 2,588.00 12 920.00 3 Actual Cast Actual Cast Actual Cost 524,240.00 4 Actual Cost Actual Cost Actual Cost 40 408.00 6 Actual Cost Actual Cost Actual Cost 580,792.00 8 Actual Cost Actual Cost Actual Cost 129 280.00 10 Actual Cost Actual Cost Actual Cost 5135,971.Od Installation of a water meter done by the City and the service either already exists or has been installed by the developer Installation of the entire water service is done by the City b. Sanitary Sewer Utility• Connection fees are comprised of a Permit Fee and the System Development Charge as follows: Type Permit Fee System Development Existing Sewer New Service Line Charge (SDC)" Stub Re uired Page 21 DI.B Page 67 of 125 Single Family 88.00 155.00 850.00 Per Parcel Paroel Other Parcels 88.00 155.00 850.00 Per RCE"" Side sewer repair 62.00 on rivate ro e Side sewer repair 105.00 in ri ht-of-wa Except that for multifamily residential units with separate water meters for each family unit, the sewer utility systems development charge will be calculated as one RCE per family unit. RCE, Residential Customer Equivalent - an RCE shall be as defined by the King County Department of Natural Resources. In addition to City sanitary sewer connection fees, there shall be a sanitary sewer connection fee imposed to pay Capital Improvement fees to King County per the King County Rate Schedule. c. Stortn Drainage Utility: (Per Resolution No. 4566) Connection fees are comprised of a Pertnit Fee and the System Development Charge as follows: SYSTEM DEVELOPMENT CHARGE SDC Type System DevelopmeM Charge(SDC) Single Family Residence&Duplexes(on 1,162.00 per Parcel Individual Parcels Other Parcels 1,162.00 per ESU' ESU, Equivalent Service Unit-A conflguration of development of Impervlous surfaces estimated to contribute an amount ot runoff to the City's stortn dreinage system which is approximately equal to that ereated by the averege slogle family resldential parcel. One ESU is eonsidered equal to 2,600 square feet of pareel eoverage by impervious surtaces. Per ACC 73A8.070. When calculating the total SDC, a credit will be applied for the existing impervious area(New Wtal S C minus calculated SDC for existing imperviaus area using the new definition of impervious surtace as given in ACC 13.41.010). STORM PERMIT FEE Pertnit Level" Pertnit Fee Level 1 210.00 Level 2 400.00 Level 3 Base Fee+the Cumulative Additional Fees as indicated below: Base Fee=$1,440.00 for up to 10,000 SF of disturbed area Cumulative Add'Rional Fee#1 =Base Fee+gqpO.OD for 10 001 SF Page 22 DI.B Page 68 of 125 up to 43,560 SF(1 Acre)of disturbed area Cumulative Additional Fee#2=Cumulative Addidonal Fee#1 + 100.00 per Aae for each additional disturbed Acre over 1 Acre Pertnit levels are detertnined as follows: Level 1 permits are for all projeCts that are not located in a Critical Area and add or replace less than 2,000 square feet of impervious surFace area; and/or disturb less than 7,000 square feet of land. Level 2 permits are for all projects thaC add or replace 2,000 to 4,999 square feet of impervious surface area; or disturb 7,000 square feet or more of land. Level 3 permits are for all projects that add S,OOQ square feet or more of impervious surtace area, or convert'/.acres or more of native vegetation to lawnllandscaped area, or convert 2.5 acres or more of native vegetation to pasWre, or the new plus replaced impervious surface area is 5,000 square feet or more and the value of improvements exceeds 50%of the assessed value of existing improvements. 9: Other Utility Fees: (Per Ordinance No. 5819, Ordinance No. 5944, Resolution No. 3797, Resolution No. 3953 and Resolution No. 4424.) Fire Service Line Permit 135.00 Fire Hydrar t Permits Fire Hydrant Permit and Inspection Fee 238.00 Hydrant Meter Morrthly Rate 31.00 Hydrant Meter Weekly Rate 31.00 Hyiirant Meter Wrench—Refundable Deposit 526.00 Deposit— Hydrant Meter with RPGA Wrench and Valve 1,449.00 Water Main extension purity test fee 181.00 Water Meter test fee, 2"or less 217.00 Water Meter test fee greater than 2" At Actual Cost Storm Drainage Repair Permit Private Storm System located on Private Property 31.00 Storm System located in Public Right-of-Way/Easement 57.00 Payback Administrative Fees: (Per Ordinance No. 5954) Appiication Fee 500.00 Processing Fee 1,000.00 Area or Special_Benefit Analysis 500.00 TransactiordCollection Fee 300.00 Page 23 DI.B Page 69 of 125 Outside Professional Services Time and Materials 10. Construction Pertnks: (Per Ordinance No. 5817, Resolution No. 3953, Resolution No. 4272, and Resolution No. 4424.) The fees for Construction Permits are as follows: Basic Fee (BF) 150.00 HouAy Inspection Rate (HIR) Nortnai Business Hours 52.00 After Hours (after hours work includes weeknights, weekends,80.00 and holidays and wili be at the after hours HIR x the duration of the work. For Excavation Type Work: Lencrth of Excavation (feetl Additio al Fee (AF) 31 — 100 52.00 101 —250 155.00 251 —500 259.00 501 —750 362.00 751 — 1000 466.00 Permit Fee = BF +AF (for the appropriate length of excavation) If the excavation exceeds 1000 linear feet the following will be used: Pertnit Fee = BF + $466.00 + (HIR x(Length of Excavation— 1000)/100) For Non-Excavation Type Work: This work includes any work in the public right-of-way that is not covered by any other permits and includes such things as overhead utility work, geotechnical borings, horizontal directional drilling and vautt installation. Pertnit Fee = BF + (HIR x Permit Duration in days) In Lisu of Fee: In lieu of the above standard rates, the city engineer or his/her designee may calculate the fee based upon current labor rates for administrative and inspection staff after developing an estimate of staff effoR involved. For projects that are expected to involve sign CaMly more than 1,000 feet of street excayation or when the scope or duration cannot be accuratety estimated, the city engineer may establish a deposit account to manage permkee deposits in advance of pertnit issuance for reimbursing actual labor costs of admiriistering the permit. Such deposit accour ts will not be irrterest bearing and will be closed at the end of the permitted work when a finai accounting of the permit administration cost shall be calculated and a final bill or credit issued to the permitee. 11. Memorial Sign Program: (Per Ordinance No. 6137, and Ordinance No. 6149) Memorial Sign 150.00 Page 24 DI.B Page 70 of 125 72. Special Permits: (Per Ordinance No. 5817 and amended by Resolution No. 3953, Resolution No. 4272 and Resolution No. 4424.) Permit Tvpe Base Fee Additional Per Linear Foot Fee Sidewalk 54.00 1 10 per foot for each foot over 25 Linear Feet Residential Driveway 54.00 1.65 per foot for each foot over 20 Linear Feet• Commercial Driveway 107.00 $2.20 per foot for each foot over 48 Linear Feet* Driveway widths are based on the width of the driveway apron in the rigM-of-way 13. Street Payback Agreements: (Per Ordinance No. 6319 and Reso/ution No. 4624.) Appiication Fee 50D.00 Processing Fee 1,000.00 Assessment Reimbursement Area Analysis 1,OOD.00 Transaotion/Colledion Fee 300.00 Outside Professional Services (when needed) Time and Materials Page 25 DI.B Page 71 of 125 G. PARKS AND RECREATION (Per Resolution No. 3797 and amended by Reso/ution No. 3953, Resolution No. 4117, Resolution No. 4272, Reso/ution No. 4424, Ordinance No. 6276, aa Reso/ution No. 4552 and Resolution No. 4880.) Resident Non-Resident Les Gove Building 15/hour 20/hour 3 hour minimum Seven da s a week 9 a.m. - 11 .m. Resident Non-Resident Parks, Arts 8 Recreation Administration Building 30/hour 38/hour 3 hour minimum Frida 5:30 - 11 .m., Saturda and Sunda 9 a.m. - 11 .m. Basic Kitchen 25 25 Resident Non-Resident Senior Activi Center Full Fabilitjr (includes basic kkchen use) 80/hour 100/hour Available Friday evenings, Saturday and Sunday Tables and chairs for up to 200 people max. 3 hr minimum, 5:30-11 p.m. Friday eve.); 5 hr minimum, 9 a.m.-11 p.m.(weekend) Additional cleanu time is available after 11 .m. Rental Package Friday night& Saturday 4 Hours Friday and 1,200 1,500 u to 12 hours of active use on Saturda Rental Package Full Day Saturday or Fuil Day Suridajr• up to 1,000 1,300 12 hours of active use on either da Millennium Rooms 20/hour 25/hour Friday only, 3 hour minimum, 5:30- 11 p.m., 63 people per room maximum, 3 rooms availabie; weekend options available wRhin 30 da s or less Weese & Rotary Rooms 15/hour 20/hour Monday—Friday, 2 hour minimum, 530 - 11 p.m., 40 people er room maximum Damage&Cleaning Deposit (for Full Faciliry and Millennium 300 300 room_rerrtals without alcohol Damage 8 Cleaning DeposR (for Fuli Faciiity and Millennium 500 500 room rentals)with alcohol ($1,000,000 excess liability insurance re uired Optional cleaning fee (fee required with use of alcbhol in 288250 99250 facil' Commeraal kitchen and/or use of dishes tableware, ots etc. 50 50 Kitchen with Millennium Room 3 25 25 Page 26 DI.B Page 72 of 125 Resldent Non-Resident Veterans Memo ial Buildin 3 hour minimum 30/hour 38/hour Seven da a week 9 a.m. - 11 .m. Resldent Non-Resident BasebalUSoftbalUGrass Fields Reservations made in 1.5 hour increments Youth 7.50/1.5 hour $9.00/1.5 hour Adult 18/1.5 hour $22.50l1.5 hour Field Li hts 30/1.5 hour 30/1.5 hour Field Maintenance 25 er field 25 r field BasebalUSofttialU Fastpitch Tournaments 1 Day 2 Day Reservations made for 1 or 2 da toumaments Ycuth 699700 9891000 Aduft 09900 2s91300 Field Li hts 30/1.5 hour 30/1.5 hour Resident Non-Residern Synthetic Turt Felds Reservations made in 1.5 hour increments Youth S36/1.5 hour 45/1.5 hour Adu t 48/1.5 hour 60/1.5 fiour Fietd Li hts 30/1.5 hour 30/1.5 hour Resident Non-Resident Game Farm Wilderness Park Campgrounds 2925/night 25/night Daily, Open year round 7 ni hts maximum Game Farm Wilderness Park Day Camp Area 50/day 950/day Daylight hours, April 1 -October 15 Minimum Rental: 1 da Picnic Shelters Auburn residents Non-residents Game Farm Park Half Day" Full Day" Half Day" Full Day` Single quadrant(max: 25) Monday—Friday 20 40 25 50 Saturday- Sunday N/A N/A N!A N/A Full day Mon-Sun Full Shelter 1-99 80 160 100 200 Page 27 DI.B Page 73 of 125 Mon-Sun (Full Shelter) 100-199 120 240 150 300 Mon-Sun (Full Shelter) 200+ (must also rent N/A 300 N/A 375 amphitheater) Amphitheater 50 100 65 130 Isaac Evans Park 40 80 50 100 Lea Hill Park 40 80 50 100 Roegner Park 40 80 50 100 Game Farm Wilderness Park 40 80 50 100 Sunset Park Mon-Sun Single Quad 20 40 25 50 Mon-Sun (Full Shelter) 1-99 80 160 100 200 Mon-Sun (Full Shelter) 100-199 120 240 150 300 Mon-Sun (Full Shefter) 200+ NA 300 NA 375 Rental Rate Schedule for Auburn Ave Theater Resident Non-Resident Weekd Mon-Thur 170.00 200.00__ Weekend Da s Fri., Sat., and Sun. 270.00 320.00 - SleaaiagEDamage deposit. The terms and 300.00 300.00 conditions for full or partial refund of deposit apply to approval of Chedc-Out List, including theater, e ui meM lot restoration. HouMy commereial rate for meetings 35/hr 35/hr 2 hour min. for"4wal" only of lobby, auditorium, and sta e Equipmertt not included: Use of any theaficai 30/hr 30/hr ui ment additional char e 1,000,000 excess liabil' insurance re uired U on uest U on uest Cleanin Fee 100.00 100.00 Impact Fees: Park Impact Fees 3,500.00 per residential dwelling unit Page 28 DI.B Page 74 of 125 H. AAULTIMEDIA DUPLICATION (Per Reso/ution No. 3953 and Resolution No. 4552.) DVD copv CD copv 10.00 per disc 5.00 per disk Page 29 —-- DI.B Page 75 of 125 I.INFORMATION SERVICES AND GIS'Z (Per Reso/ution No. 4272, Ordinance 6276, Resolution No. 4552, and Reso/ution No.4593 ) Much of the City's geographic data is available for sale per the prices below plus Washington State sales tax. A signed public records request fortn is required. Most public records requests can be completed within seven to ten business days and will be delivered in ESRI Shapefiie format without Metadata. Maps Existing Map 5.00 +tax Custom Maps (any non-existing map) 50.00 per hour" +tax Data Digital Data Requests 50.00 per hour" +tax Miscellaneous CD-Rom 5.00+tax All other requests for data or information not specifically listed. 50.00 per hour+tax Hourly charge to complete any of the below(one hour minimum charge). 13 Hourly charge includes the cost of pracessing and providing oustom map requests. Hourly charge inGudes the cost M processing and providing digital data requests. Page 30 DI.B Page 76 of 125 AGENDA BILL APPROVAL FORM Agenda Subject: Auburn Golf Course and School District Golf Play Policy Discussion Date: October 25, 2012 Department: Parks/Art and Recreation Attachments: Cost Projection Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff:Faber Meeting Date:November 13, 2012 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINEDDI.C Page 77 of 125 Auburn Golf Course and School District Golf Play Policy Discussion Background: The City of Auburn and the Auburn School District have a long and positive relationship of reciprocating Athletic Fields and Gymnasium/School space. Presently, the only time the city is charged for an activity is when the activity requires an additional cost such as Union Labor for Sound, Light or Custodial. (Performing Arts Center & After School Program) The City has not charged the ASD for any additional cost for park athletic fields or the Golf Course. Current Situation: The Auburn Golf Course is the home to both Auburn and Auburn MountainView Varsity/JV Boys and Girls golf teams. 17 players from Auburn High School, 26 players from MountianView Try Outs Auburn High School (80 Rounds), Auburn MountianView (130 rounds) Regular Season (Aug 20-October 20) Number of Days Players Number of Rounds AHS 27 days of 9 hole rounds 17 459 AMV 30 days of 9 hole rounds 26 780 JV District October 16th 13 Total of ASD Rounds 1,462 Junior rate is $18.00/18 holes: $12.00/9 holes Total value of the Complementary Rounds $18,384 Value of Electric Cart for Coaches $900 Total $19,284 Options to Consider 1. Charge a flat fee per team 2. Charge a per round discounted rate (50% = $6 per round) 3. Charge a fee based on the size of team and a "not to exceed" Number of rounds 4. Continue the same procedure Other Considerations Only guaranteed tee times for match days Require August try outs to begin at 6:00 a.m. on the back 9 so as not to conflict with high revenue period (Maplewood) Have ASD request a donation from Men’s Club and other Non-Profits to support Golf program. DI.C Page 78 of 125 Area Golf Course Fees for High School Golf Study Golf Course Current Rate Auburn No Fee Classic $7.00 per round (approx. $3500) Elk Run $10.00 per round (private school) Foster No Fee Hi-Cedars $1500 per School (4 Schools) Jade Greens $1800 per School (2 Schools) North Shore $2200 per School (2 Schools) River Bend $40000 from a Youth/Teen Fund (A percent of Utility Tax goes to teen programming, $40,000 is transferred to the Golf Course as an off-set for high school golf programs and support of junior golf. Enumclaw $60 per player (approx $1500) Lake Spanaway $5.00 per round Sumner Meadows $10 per player/per round (approx $5000 total) 2 Schools) Tapps Island $1500 per team Maplewood Range card ($350), $1000 donation from Men’s club, and four hours of volunteer work per student DI.C Page 79 of 125 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6424 - Animal Control and Licensing Date: November 6, 2012 Department: Planning and Development Attachments: Memorandum Draft Ordinance No. 6424 Budget Impact: $0 Administrative Recommendation: For discussion only Background Summary: See attached memorandum. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Snyder Meeting Date:November 13, 2012 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINEDDI.D Page 80 of 125 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: November 8, 2012 SUBJECT: INFORMATION & DISCUSSION: Revised Draft 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 presented for review and discussion draft Ordinance No. 6424 to the Municipal Services Committee on October 8, 2012. Staff also provided a copy of the draft Ordinance to Dr. Edwards, President of the Board for Auburn Valley Humane Society (AVHS) prior to the October 8th meeting. Dr. Edwards also attended the October 8th meeting. Draft Ordinance No. 6424 contains recommended changes to Title 6 (Animals) of the Auburn City Code that address regulations, standards and procedures for animal control and animal licensing by the City of Auburn. Subsequent to the October 8, 2012 Committee meeting, staff worked to refine the draft Ordinance. The current draft Ordinance was produced on November 1, 2012 and made available to Dr. Edwards the same day. In addition, Kevin Snyder, Planning and Development Director, presented to the AVHS Board on the evening of November 1st on the draft Ordinance and other issues. To date, staff has not received any direct or indirect feedback or input from AVHS regarding the proposed amendments to Title 6. Staff from Police, City Attorney’s Office and Planning and Development will be in attendance at the Committee’s November 13th meeting to discuss and answer questions regarding the proposed amendments to Title 6. The following summary of key changes was originally provided in the cover memo for the October 8, 2012 Municipal Services Committee meeting: DI.D Page 81 of 125 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, Staff is presenting this updated draft Ordinance for Committee discussion. However, it would be beneficial for staff if the Ordinance could be in effect by the end of November 2012 to allow adequate time to complete program start-up efforts. Therefore, if the Committee is supportive of the Ordinance 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 Ordinance No. 6424. If the Committee chooses to take action, staff will bring the Resolution to the Finance Committee for discussion and City Council for adoption on November 19, 2012. DI.D Page 82 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 1 of 33 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 OF THE CITY CODE AMENDING CHAPTER 6.35 OF THE CITY CODE AND REPEALING CHAPTER 6.32 OF THE CITY CODE WHEREAS, The City of Auburn will be taking over animal control and licensing services from King County effective January 1, 2013. As required by City’s current contract with King County for animal control services, the City adopted portions of Title 11 of the King County Code related to Animal Control; and, WHEREAS, while the City Council could choose to continue with the adoption of the County’s Code, in light of the change of local focus of animal control, it appears to be more efficient and beneficial to the City to revise existing portions of the City’s Code and adding, where necessary, new language. 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. DI.D Page 83 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 2 of 33 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. 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. DI.D Page 84 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 3 of 33 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. 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 DI.D Page 85 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 4 of 33 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 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 DI.D Page 86 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 5 of 33 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 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 Comment [COA1]: C f .6 .3 5 .0 1 0 .G .T h is is m o r e e x p a n s iv e ,in c lu d e s “c u s t o d y a n d c o n t r o l”S t a f f r e c o m m e n d s t h is c h a n g e . DI.D Page 87 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 6 of 33 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 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. Comment [COA2]: N o t e :d if f e r e n c e f r o m 6 .3 5 .0 1 0 (C ).A d d s m o r e d e t a il.S t a f f r e c o m m e n d s t h is c h a n g e . DI.D Page 88 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 7 of 33 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 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 punishable as set forth in ACC 6.01.210. 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 72 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 DI.D Page 89 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 8 of 33 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 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. DI.D Page 90 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 9 of 33 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 section shall be guilty of a misdemeanor, punishable as set forth in ACC 6.01.210. 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. A person who violates this section punished as set forth in ACC 6.01.210. 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. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.01.160 Interfering with dog guide or service animal – Adoption by reference. 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. A person who violates this section shall be punished as set forth in ACC 6.01.210. 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. A person who violates this section shall be punished as set forth in ACC 6.01.210. DI.D Page 91 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 10 of 33 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. A person who violates this section shall be punished as set forth in ACC 6.01.210. 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 A person who violates this section shall be punished as set forth in ACC 6.01.210. 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. A person who violates this section shall be punished as set forth in ACC 6.01.210. 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 identified below. For purposes of this title GM shall equal Gross Misdemeanor, M shall equal Misdemeanor and I shall equal Infraction: Code Provision Violation Penalty 6.01.060 Interference with impounding an animal Maximum $5,000, 364 days (GM) 6.01.130 Duties upon injury or death to an animal Maximum $1,000, 90 days (M) 6.01.140 Cruelty to Animals (adopting RCW 16.52) Max. $5,000, 364 days (GM) 6.01.150 Crimes related to Animals (adopting RCW 9.08) Mandatory $500 fine (GM) 6.01.160 Interfering with dog guide or service animal (adopting RCW 9.91.170) Maximum $5,000, 364 days (GM) 6.01.170 Interfering with search and rescue dog (adopting RCW Maximum $5,000, 364 days (GM) DI.D Page 92 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 11 of 33 Code Provision Violation Penalty 9.91.175) 6.01.180 Unlawful Traps (adopting RCW 77.15.194, 77.15.196) Maximum $5,000, 364 days (GM) 6.01.200 Poisoning Animals (adopting RCW 16.52.190) Maximum $5,000, 364 days (GM) 6.02.010(A) Animal at Large 1st offense $50.00 2nd offense $100.00 3rd offense $200.00 4th and subsequent offense $250.00(I)1 6.02.020 Failure to confine dog or cat in heat 1st offense $50.00 2nd offense $100.00 3rd offense $200.00 4th and subsequent offense $250.00(I) 6.02.030 Possession of a Rooster 1st offense $50.00 2nd offense $100.00 3rd offense $200.00 4th and subsequent offense $250.00(I) 6.02.040 Dog off-leash 1st offense $50.00 2nd offense $100.00 3rd offense $200.00 4th and subsequent offense $250.00(I) 6.02.050 Dog chasing vehicle on public road 1st offense $50.00 2nd offense $100.00 3rd offense $200.00 4th and subsequent offense $250.00(I) 6.02.080 Dog jumping or threatening pedestrian 1st offense $50.00 2nd offense $100.00 3rd offense $200.00 4th and subsequent offense $250.00(I) 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) 1 For all infractions with graduated penalties, the offenses are measured on a “rolling” basis; i.e., within the most recent 12 months. DI.D Page 93 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 12 of 33 Code Provision Violation Penalty 6.02.110 Directing dog to attack or harass public officer Minimum of $500.00, 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 $750.00, $50.00 (I) If value of property is equal to or greater than $750.0, $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) 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 $50.00(I) 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) 6.01.220 Severability. Should any part of this title be adjudged invalid for any reason, such 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.D Page 94 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 13 of 33 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 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. C. A person who violates this section shall be punished as set forth in DI.D Page 95 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 14 of 33 ACC 6.01.210. 6.02.020 Confinement of female dogs and cats in heat. A. 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. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.02.030 Roosters prohibited. A. It is a violation for any person to own, possess, or harbor a rooster within the City limits. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.02.040 Dogs off premises to be on leash. A. 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. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.02.050 Dogs chasing vehicles on public roads. A. 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. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 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. DI.D Page 96 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 15 of 33 6.02.080 Dogs jumping or threatening pedestrians. A. 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. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.02.090 Animals injuring humans, domestic animals, or livestock – gross misdemeanor. A. 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. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 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. 6.02.100 Directing dog to harass or attack – gross misdemeanor. A. 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. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 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. A person who violates this section shall be punished as set forth in ACC 6.01.210. 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. DI.D Page 97 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 16 of 33 “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. A. 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. A. A person who violates this section shall be punished as set forth in ACC 6.01.210. Any violation of this section is a gross misdemeanor. 6.02.130 Animals injuring private and public property – infraction or misdemeanor. A. 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. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 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 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. A person who violates this section shall be punished as set forth in ACC 6.01.210.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: DI.D Page 98 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 17 of 33 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. 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 DI.D Page 99 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 18 of 33 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 shall be punished as set forth in ACC 6.01.210. a Class I civil infraction. 6.02.150 Sale or transfer of animals in public places prohibited. A. 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. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 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. 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 DI.D Page 100 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 19 of 33 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. A. 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. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 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. 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. C.D. A person who violates this section shall be punished as set forth in ACC 6.01.210. 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. DI.D Page 101 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 20 of 33 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. B.C. A person who violates this section shall be punished as set forth in ACC 6.01.210. 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. A. 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. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 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 DI.D Page 102 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 21 of 33 established and may be amended by resolution of the City Council. D. Animal licenses for dogs and cats shall be valid from January through December of any given year in which the license is issued and shall be renewed annually subject to the following provisions: 1. For a license issued by King County Regional Animal Services prior to January 1, 2013, this license shall be considered by the City to be valid through its expiration date and no City of Auburn license shall be required until after said expiration date. 2. For a license issued by King County Regional Animal Services prior to January 1, 2013 that expires prior to December 31, 2013, the license holder shall be responsible for applying for a City of Auburn license and paying a pro- rated fee for the remaining period of 2013. 3. Persons applying for an animal license with the City beginning on January 1, 2013 that do not have a current a license issued by King County Regional Animal Services must license their pet with the City subject to its licensing process and fees. E. Juvenile licenses may be obtained in lieu of an unaltered animal license for animals from eight weeks to six months old. F. A person under the age eighteen years is not eligible to purchase an animal license. G. 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. H. 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: 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. I. 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 DI.D Page 103 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 22 of 33 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. A. 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. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 6.04.100 Denial of animal license application. 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. A. 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. B. Any applicant who is either the subject of a notice and order under this Title or charged with animal cruelty under RCW 16.52.205 or 16.52.207, may have the issuance or renewal of their animal license denied pending the final result of either the notice and order or charge. C. 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 ____. 18.66 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 DI.D Page 104 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 23 of 33 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. A. 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. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. 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. 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. E.F. A person who violates this section shall be punished as set forth in ACC 6.01.210. DI.D Page 105 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 24 of 33 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. Amending City Code. That Chapter 6.35 of the Auburn City Code is hereby amended to read as follows: Chapter 6.35 DANGEROUS DOGS Sections: 6.35.010 Dangerous dogs and related definitionsRepealed. 6.35.020 Dangerous dogs – Notice to owners – Right of appeal – Certificate of registration required – Surety bond – Liability insurance – Restrictions. 6.35.030 Dangerous dogs and potentially dangerous dogs – Requirements for restraint. 6.35.035 Registration of potentially dangerous dogs. 6.35.040 Dangerous dogs – Confiscation – Conditions – Duties of animal control authority – Penalties. 6.35.010 Dangerous dogs and related definitionsRepealed. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: A. “Potentially dangerous dog” means any dog that when unprovoked: 1. Inflicts bites on a human or a domestic animal either on public or private property; 2. 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 3. 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. 4. “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 DI.D Page 106 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 25 of 33 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. B. “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: 1. Killed or inflicted severe injury on a human being without provocation on public or private property; 2. Killed or inflicted severe injury on a domestic animal without provocation while the dog was off the owner’s property; 3. 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; 4. 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; 5. 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 6. Has, since the effective date of the ordinance codified in this chapter, 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 DI.D Page 107 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 26 of 33 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 (B)(1) 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 (B)(2) 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 (B)(3) of this section. This proviso shall also not apply to instances where a dangerous dog declaration has been 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 (B)(4) 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. C. “Severe injury” means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. D. “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, DI.D Page 108 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 27 of 33 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. E. “Animal control authority” means the persons and entities responsible for enforcement of the animal control laws of the city, or such person as is designated by the mayor, whether acting alone or in concert with other responsible persons and/or local governmental units. F. “Animal control officer” means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals, and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. G. “Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal. (Ord. 6244 § 1, 2009; Ord. 5996 § 1, 2006; Ord. 5829 § 1, 2004.) 6.35.020 Dangerous dogs – Notice to owners – Right of appeal – Certificate of registration required – Surety bond – Liability insurance – Restrictions. A. In addition to the enforcement authority with which the animal control authority has been vested pursuant to state law and/or the King County Code (adopted by reference pursuant to Chapter 6.32 ACC), the animal control authority shall be authorized to enforce the provisions of this chapter; provided, that in connection with the enforcement of the provisions of this chapter to seek to declare a dog within the city to be dangerous, the animal control authority shall employ the notification and appeal procedures as defined in this section, including serving notice upon the dog owner in person or by regular and certified mail, return receipt requested. B. The notice must state: the basis for the proposed action; the reasons the authority considers the animal dangerous; a statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls in subsections F and G of this section; and an explanation of the owner’s rights and of the proper procedure for appealing a decision finding the dog dangerous. C. Prior to the authority issuing its final determination, the authority shall notify the owner in writing that he or she is entitled to an opportunity to meet with the authority, at which meeting the owner may give, orally or in writing, any reasons or information as to why the dog should not be declared dangerous, including the owner’s compliance with the AKC’s CGC program, or comparable course or program provisions as provided herein, if applicable. The owner may DI.D Page 109 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 28 of 33 also request a reasonable delay before the final determination is made if the owner has already enrolled in the AKC’s CGC program, or comparable course or program, if applicable. The notice shall state the date, time, and location of the meeting, which must occur prior to expiration of 10 calendar days following delivery of the notice. The owner may propose an alternative meeting date and time, but such meeting must occur within the 10-day time period set forth in this section. After such meeting, the authority must issue its final determination, in the form of a written order, within 10 calendar days. In the event the authority declares a dog to be dangerous, the order shall include a recital of the authority for the action, a brief, concise statement of the facts that support the determination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner’s last address known to the authority. D. The owner may appeal the authority’s final determination that the dog is dangerous to the city’s hearing examiner, which appeal shall be in accordance with the provisions herein and pursuant to the procedures of the city code. Any such appeal by the owner shall be perfected by filing a written notice of such appeal with the city clerk within 15 days of the date the owner received the final determination if the order was delivered in person, or within 20 days of the date the order was mailed to the owner, by filing a written notice of appeal with the city clerk. While the appeal is pending, the authority may order that the dog be confined or controlled in compliance with ACC 6.35.030 and/or RCW 16.08.090. If the dog is determined to be dangerous, the owner must pay all costs of confinement and control. E. It is unlawful for an owner to have a dangerous dog in the city without a certificate of registration issued pursuant to this section. This section and ACC 6.35.030 and 6.35.040 shall not apply to police dogs as defined in ACC 6.32.030 and/or RCW 4.24.410. F. The animal control authority shall issue a certificate of registration to the owner of a dog deemed to be a dangerous dog if the owner presents to the animal control unit sufficient evidence of: 1. A proper enclosure to confine a dangerous dog, as such enclosure is defined and described in ACC 6.35.010(D)6.01.010(A)(28), and the posting of the premises with a clearly visible warning sign that there is a dangerous dog on the property. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog; 2. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least $250,000, payable to any person injured by the dangerous dog, or such surety bond that otherwise meets the requirements of RCW 16.08.080; or 3. A policy of liability insurance, such as homeowner’s insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least $250,000, insuring the owner for any personal injuries inflicted by the dangerous dog, or such liability insurance that otherwise meets the requirements of RCW DI.D Page 110 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 29 of 33 16.08.080. G. Any dog which is declared to be a “dangerous dog” pursuant to this chapter or Chapter 16.08 RCW shall also be required to be microchipped by a veterinarian of the owner’s choice, at the owner’s expense. This shall be in addition to the other requirements of this chapter and in addition to the applicable requirements for licensing as defined within this title, and this procedure must be accomplished within 30 days after the owner’s receipt of the dangerous dog declaration issued pursuant to this chapter or Chapter 16.08 RCW. H. In addition to regular dog licensing fees, the owner of a dangerous dog shall pay to the city a dangerous dog registration fee in the amount of $500.00 per year for the dangerous dog registration, and shall comply with the city’s dangerous dog registration procedures, including providing the city with a photograph of the dangerous dog, each year. Such photograph(s) shall show the dog’s coloring and body shape. (Ord. 6244 § 2, 2009; Ord. 5996 § 1, 2006; Ord. 5829 § 1, 2004.) 6.35.030 Dangerous dogs and potentially dangerous dogs – Requirements for restraint. A. It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure, as defined and described in ACC 6.35.010(D) 6.01.010(A)(28), unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. B. It is unlawful for an owner of a potentially dangerous dog to permit the dog to be allowed or permitted to run free and unrestrained or off leash or not otherwise under physical restraint of a responsible person, unless within a fenced yard or similar restraint reasonably designed to prevent the dog from running free and unrestrained. It is provided, however, that the top of such fence shall be six feet in height as measured from the ground level, unless there is a secured top – full enclosure – to the fenced-in area; and it is further provided, that such fence or enclosure area shall comply with all applicable city codes. C. It is unlawful for an owner of a dangerous dog or a potentially dangerous dog to permit the dog to be walked outside the proper enclosure by anyone under the age of 16 years. D. The owners of dangerous dogs and potentially dangerous dogs are responsible for taking all reasonable measures to assure that the dogs do not escape the above restraints, the failure of which responsibility shall constitute a violation of this chapter, punishable pursuant to ACC 6.35.040. The failure of the owner of a dangerous dog to comply with the requirements for dangerous dog registration shall also constitute a violation of this chapter, punishable pursuant to ACC 6.35.040. (Ord. 6304 § 1, 2010; Ord. 6244 § 3, 2009; Ord. 5996 § 1, 2006; Ord. 5829 § 1, 2004.) 6.35.035 Registration of potentially dangerous dogs. DI.D Page 111 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 30 of 33 In addition to the dog licensing requirements as set forth in Chapter 6.32 ACC, the owners of potentially dangerous dogs, as defined herein, shall file with the city clerk a notice of potentially dangerous dog according to the form available from the city clerk. There shall be no fee charged for such potentially dangerous dog registration, other than as follows: the owner of a potentially dangerous dog that was previously found to be a potentially dangerous dog because: (A) while unprovoked, it attacked, bit, endangered or injured a human or a domestic animal; or (B) it has chased or approached a person upon a street, sidewalk, or public grounds in a menacing fashion shall pay to the city a fee in the amount of $100.00 per year for the registration of the potentially dangerous dog. Failure to comply with this provision shall constitute a violation of this chapter, punishable as a misdemeanor in accordance with ACC 9.02.040. (Ord. 6244 § 4, 2009; Ord. 5996 § 1, 2006.) 6.35.040 Dangerous dogs – Confiscation – Conditions – Duties of animal control authority – Penalties. Any dangerous dog shall be subject to immediate confiscation by the animal control authority if: (A) the dog is not validly registered under ACC 6.35.020 or, if brought into the city after having been declared dangerous in any other jurisdiction, has not been validly registered within 10 days of its first arrival within the city; (B) the owner does not secure the liability insurance coverage required under said ACC 6.35.020; (C) the dog is not maintained in the proper enclosure as defined and described in ACC 6.35.010(D)6.01.010(A)(28); or (D) the dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of a responsible person. The owner must pay the costs of confinement and control. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason for the confiscation of the dangerous dog, that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated are not corrected within 20 days. The animal control authority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this section are not corrected within 20 days of notification. In addition, other than where violations are prosecuted as a felony pursuant to RCW 16.08.100, any owner who violates the provisions of this chapter shall be guilty of a gross misdemeanor punishable in accordance with ACC 9.02.030. (Ord. 6244 § 5, 2009; Ord. 5996 § 1, 2006; Ord. 5829 § 1, 2004.) Section 5. Repealing Chapter of City Code. That Chapter 6.32 of the Auburn City Code is hereby repealed. Section 6. Implementation. The Mayor is hereby authorized to DI.D Page 112 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 31 of 33 implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. 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 8. 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 ATTEST: ________________________________ PETER B. LEWIS _________________________ MAYOR Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: ________________ DI.D Page 113 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 32 of 33 TEXT OF CHAPTER BEING REPEALED – Chapter 6.32 Chapter 6.32 ANIMAL CONTROL Sections: 6.32.010 King County provisions adopted by reference. 6.32.015 Dog leash law. 6.32.020 Publishing, recording and filing requirement. 6.32.030 Police dogs. 6.32.010 King County provisions adopted by reference. There is herewith adopted by the city, by reference, Title 11 of the codified ordinances of King County, King County Ordinance No. 1396, including the provisions of Chapter 11.08 thereof identified in ACC 6.32.015, as now or hereafter amended; provided, that references to King County shall be changed to, read and interpreted as the city of Auburn, unless a contrary intent is expressed therein or such a change/reading/interpretation is contrary to the rest of the provisions of this title of the city code and/or Title 11 of the King County Code. (Ord. 5681 § 1, 2002; Ord. 4065 § 5, 1985.) 6.32.015 Dog leash law. The entire city is hereby designated a dog control zone and the following sections of Chapter 11.08 of the King County Code, as now in effect, and as may be subsequently amended, are hereby adopted by reference, except that, unless the context indicates otherwise, the word “county” and the words “King County” shall refer to the city and references to violations of the county code or county ordinances shall be deemed to be references to violations of city ordinances: 11.08.010 Purpose. 11.08.020 Definitions. 11.08.030 Dog at large prohibited in dog control zones. 11.08.060 Violations – Civil penalty. 11.08.070 Severability. (Ord. 5681 § 2, 2002.) 6.32.020 Publishing, recording and filing requirement. Pursuant to the provisions of RCW 35A.12.140, Title 11 of the codified ordinances of King County, as adopted in ACC 6.32.010, shall not be published in a newspaper as provided in RCW 35A.12.160, but the ordinance codified in this chapter shall be so published and a copy of the ordinances adopted in ACC 6.32.010, or portions thereof with amendments or additions, if any, in the form in which it was adopted, shall be authenticated and recorded by the city clerk along with the adopting ordinance. Not less than one copy of the adopted King County ordinance with amendments or additions, if any, in the form in which it was DI.D Page 114 of 125 ------------------------------ Ordinance No. 6424 October 23, 2012November 1, 2012 Page 33 of 33 adopted, shall be filed in the office of the city clerk for use and examination by the public. (Ord. 4123 § 1, 1986; Ord. 3390 § 2, 1979.) 6.32.030 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. Wilfully 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. Wilfully 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 King County Code, as adopted by the city, relating to animal control, with the exception of the portion thereof pertaining to rabies control. Follow-up procedures prescribed by the King County humane society or the Seattle-King County health department will apply. 2. All police dogs and all dogs being trained as police dogs shall be exempt from all licensing fees set forth by the King County 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 punishable in accordance with ACC 1.24.010. (Ord. 5683 § 18, 2002; Ord. 4171 §§ 1 – 5, 1986.) DI.D Page 115 of 125 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4868 - Fee Schedule Date: November 6, 2012 Department: Planning and Development Attachments: Memorandum Draft Resolution No. 4868 Memorandum of Agreement Budget Impact: $0 Administrative Recommendation: For discussion only. Background Summary: See attached memorandum. Reviewed by Council Committees: Finance, Municipal Services Other: Planning, Legal Councilmember:Peloza Staff:Snyder Meeting Date:November 13, 2012 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINEDDI.E Page 116 of 125 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: November 8, 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 animal sheltering services relative to the City’s Agreement with the Auburn Valley Humane Society (AVHS). 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 fees by the end of November 2012 in order to allow staff and the City’s contracted animal services provider adequate time to complete program start up efforts. The actual effective date of the fees would not be until January 1, 2013; however, Council’s approval of Resolution No. 4868 in November 2012 would provide staff and the City’s contracted animal licensing services provider with certainty on the fees to be charged. At the Committee’s October 8, 2012 meeting, staff presented proposed animal license fees contained in draft Resolution No. 4868 (see attached). At that time, staff recommended fees similar to King County, except for a $5.00 increase over current fees charged by King County for juvenile animal licenses, altered animal licenses and unaltered animal licenses - senior license fee, the disabled license fee, service animal no charge fee and the replacement tag fee were not and are not proposed to change. 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 late fee penalties are consistent with the current penalties implemented by King County and will act as an incentive for pet owners to license their animals. Staff also provided a copy of the draft Resolution to Dr. Edwards, President of the Board for Auburn Valley Humane Society (AVHS) prior to the October 8th meeting. The contract with PetData, Inc. for the provision of animal licensing services includes a $3.90 transaction fee per license issued. At the October 8, 2012 meeting, staff and the Committee discussed the issue of gross versus net licensing fees as it relates to the City’s contract with the Auburn Valley Human Society. The City’s intent is to only deduct the $3.90 transaction fee from the gross licensing revenue – no other administrative or operational charges incurred by the City would DI.E Page 117 of 125 2 be applied to the gross licensing revenues, but would rather be paid for by the General Fund. On October 26, 2012, Kevin Snyder, Planning and Development Director, transmitted to Dr. Don Edwards, a draft Memorandum of Agreement (see attached) that memorialized the City’s intent to provide AVHS and the City with a level of certainty that the majority of licensing revenues received by the City would be transmitted to AVHS consistent with the executed Agreement between the two parties. Kevin Snyder also presented to the AVHS Board on the evening of November 1st on the draft Resolution and other issues. The most current version of draft Resolution No. 4868 has been revised to reduce the $5.00 increase previously proposed for juvenile animal licenses, altered animal licenses and unaltered animal licenses to a $4.00 increase to reflect the gross versus net intent described above while still providing the City with a reasonable level of revenue to meet its contractual commitment to AVHS. To date, staff has not received any direct or indirect feedback or input from AVHS regarding the draft fees contained in Resolution No. 4868. Staff is presenting this information for Committee discussion. However, it would be beneficial for staff and the proposed service provider if the animal licensing fees could be in effect by the end of November 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. If the Committee chooses to take action, staff will bring the Resolution to the Finance Committee for discussion and City Council for adoption on November 19, 2012. DI.E Page 118 of 125 ---------------------------- Resolution No. 4868 October 2, 2012 November 8, 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 119 of 125 ---------------------------- Resolution No. 4868 October 2, 2012 November 8, 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 120 of 125 ---------------------------- Resolution No. 4868 October 2, 2012 November 8, 2012 Page 3 of 3 EXHIBIT A Animal License Fees Type Comments Cost Juvenile 8 weeks to 6 months of age $1920.00 Altered Proof of spay/neuter required $345.00 Unaltered $645.00 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 121 of 125 Memorandum of Agreement City of Auburn and Auburn Valley Humane Society 1 MEMORANDUM OF AGREENENT BETWEEN AUBURN VALLEY HUMANE SOCIETY AND CITY OF AUBURN, WASHINGTON This MEMORANDUM OF AGREEMENT (“MOA”) is hereby made and entered into by and between the AUBURN VALLEY HUMANE SOCIETY hereinafter referred to as AVHS and the City of Auburn, Washington, hereinafter referred to as CITY. A. PURPOSE: The purpose of this MOA is to address and clarify the collection and disbursement of animal licensing revenue received by the CITY in relation to Section III (AVHS Fees) of the Professional Services Agreement between the CITY and AVHS authorized pursuant to the Auburn City Council’s approval of Resolution No. 4747 on September 19, 2011 (“Agreement”). B. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. NET DISBURSEMENT OF LICENSING REVENUE. Section III, “AVHS Fees” of the Agreement requires the City to pay to AVHS “all licensing revenue received by the City….” The parties agree that “licensing revenue received” shall mean all licensing fees established by the City Council that are paid by a person applying for a license, minus any transaction fee charged by a City pet licensing vendor for each issued pet license. 2. NO OTHER DEDUCTION OF FEES. The City shall not authorize or allow the deduction of any other revenue from the gross license revenue received other aforementioned transaction fee specified in Section B.1 above. 3. NO CHANGE TO PROFESSIONAL SERVICES AGREEMENT. Except as set forth herein, this MOA does not change, alter or modify any other provision of the Agreement. All provisions of the Professional Services Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Agreement as of the last written date below. DI.E Page 122 of 125 Memorandum of Agreement City of Auburn and Auburn Valley Humane Society 2 FOR: AVHS: Signature Name Title Date FOR CITY OF AUBURN: Signature Name Title Date DI.E Page 123 of 125 AGENDA BILL APPROVAL FORM Agenda Subject: Matrix Date: November 7, 2012 Department: Police Attachments: Matrix Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:November 13, 2012 Item Number:DI.F AUBURN * MORE THAN YOU IMAGINEDDI.F Page 124 of 125 MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX NO.PROJECT DESCRIPTION LEAD COST REVIEW DATE EST. COMPL. DATE STATUS 10P Red Light Photo Enforcement Bob Lee 11/26/2012 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. Discuss RedFlex contract. 20P Animal Control and Rescue Kevin Snyder 11/13/2012 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. Setting Pet license Fees. 24P Fireworks Update Bob Lee 4/8/2013 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 12/10/2012 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 1/14/2013 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 11/26/2012 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 2/11/2013 2012 End of Year report. 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: 10/23/12 E:\AGENDA\MunicipalServicesPaperlessPacket\2012\21 - November 13\Resources\Matrix 10-23-12.xlsDI.F Page 125 of 125