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HomeMy WebLinkAbout08-11-2014 08-11-14 MUNICIPAL SERVICES COMMITTEE AGENDA PACKETWASH I NGTONJ Municipal Services Committee August 11, 2014 - 3:30 PM City Hall Conference Room 3 AGENDA I. CALL TO ORDER A. Roll Call B. Announcements C. Agenda Modifications 11. CONSENT AGENDA A. July 28, 2014 Minutes* 111. ACTION A. Resolution No. 5089 - Data Service Change* (Tiedeman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a five year contract with Comcast for phone and internet data services IV. DISCUSSION ITEMS A. Animal Control - City Codes* (Lee) B. Shopping Carts (Bailey) C. Cemetery Update* (Faber) D. Pet Licensing Program /AVHS Board Review* (Coleman) E. 200 -62 Vacation Leave Policy Revision* (Roscoe) Policy 200 -62 F. Project 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 1 of 73 AuBuRN ITY OF � \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: Date: July 28, 2014 Minutes July 30, 2014 Department: Attachments: Budget Impact: Police July28, 2014 Minutes $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember: Peloza Staff: Meeting Date: August 11, 2014 Item Number: CA.A CA.A AUBURN * MORE THAN YOU IMAGINED Page 2 of 73 Au& 7Y or i r WASHINGTON Municipal Services Committee July 28, 2014 - 3:30 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Bill Peloza, Vice Chair Wayne Osborne and Member Claude DaCorsi. Staff present: Mayor Nancy Backus, Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, Innovation & Technology Director Ron Tiedeman, Finance Director Shelley Coleman, Community Development and Public Works Director Kevin Snyder, and Police Secretary /Scribe Terry Mendoza. Others present: Auburn Reporter representative Robert Whale. B Announcements C. Agenda Modifications II. CONSENT AGENDA A. July 14, 2014 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member DaCorsi seconded. Chair Peloza concurred. MOTION PASSED: 3 -0 111. ACTION A. Resolution No. 5085 - Copier Purchases (Tiedeman) Innovation & Technology Director Ron Tiedeman briefed the committee on Resolution No. 5085 which authorizes the Mayor to negotiate and execute an addendum to the Purchase and Maintenance Agreements between the City and Sharp Business Systems. This addendum covers the replacement of seven (7) leases with one purchase and one new copier purchase for the renovated space in the City Clerk's office. In 2013 when the first half of the city's copiers were replaced we actually exceeded savings beyond the initial estimate. As such, there are now additional a dS 1 of 3 CA.A Page 3 of 73 to pay for these. In 2015, there are two (2) final copiers to be replaced and WSCA (Western States Contracting Alliance) pricing will be used. Director Tiedeman added that the Service Agreement includes maintenance, parts and toner cartridges. Committee discussion followed. Vice Chair Osborne moved to forward Resolution No. 5085 to full Council for consideration. Member DaCorsi seconded. Chair Peloza concurred. MOTION PASSED: 3 -0 IV. DISCUSSION ITEMS A. SCORE Jail Stats (Coleman) Finance Director Shelley Coleman reported on the SCORE Jail statistics for the 2nd quarter of 2014. The population for the member cities remained constant fluctuating a little above and below 300. The contract population has been escalating with an all time high of 321.54 in June which means we are reaching capacity very quickly. For the 2015 budget the debt service will be picked up by the contract revenue, providing some funds to buy down the costs for operations but it will first be utilized to pay for the incremental costs for inmates. Chair Peloza asked about the number of floor staff to inmates. Director Coleman advised that there are currently 124 positions of which 91 are Correction Officers assigned to the jail, booking, etc. Chief Lee and Director Coleman will request an organizational chart from SCORE. Member DaCorsi inquired about the revenue to budget if projected through June of 2014. Director Coleman estimated that it would be approximately $1,000,000.00 in revenue. Chair Peloza requested information on the 'Cadet Program' as referenced in Section 1.1 of the Preliminary 2015 Budget memorandum. Committee discussion followed. B. 2014 Fireworks After Action Report (Lee) Assistant Chief of Police, Bill Pierson, reported on the annual fireworks after action information. Objectives from 2013 continued and our efforts to address them in 2014 were included in the report. From the Auburn Police Department's (APD) perspective this has been the best year as far as cooperation in communication. The Fireworks Commissioner from the Muckleshoot Indian Tribe (MIT) shut down the discharge area earlier than in past years. Instead of closing at 2:00 a.m. on July 5th the stands started shutting down at midnight since most had sold out. Chair Peloza recommend talking with the MIT about the possibility of changing the hours to close the stands at either 1:00 or 12:30 a.m. next year. Chief Lee will discuss this with Mike Jerry from the MIT. AC Pierson continued and reported that the APD begins fireworks patrols in June with 18 Page 2 of 3 CA.A Page 4 of 73 officers working a total of 108 hours specific to fireworks emphasis. Total calls related to fireworks on July 4th (through 8:00 a.m. on July 5th) was 128. The calls by District show that Districts 2 (AWN to Green River) and 3 (Lea Hill) received the most calls. Overall the number of fireworks calls decreased in 2014. Due to safe handling issues, officers confiscated fireworks but did not conduct a manual count of the amount seized this season. Chair Peloza asked if the fireworks could be weighed next year to reflect the significance of fireworks confiscated? The fireworks were placed in the containers same as in past years. Vice Chair Osborne suggested that the containers be moved back from their current location on Highway 164 for public safety. The containers are unlocked and wide open causing some concern being so close to the main road. Additionally, VRFA was not utilized this year to assist officers in transporting fireworks to the containers. Committee discussion followed. C. Project Matrix The following update was identified for the Project Matrix: Item 31: Status updated. V. ADJOURNMENT CA.A The meeting was adjourned at 4:18 p.m. The next regular meeting of the Municipal Services Committee is scheduled for Monday, August 11, 2014 at 3:30 p.m. in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. Signed this day of August, 2014. Bill Peloza, Chair Terry Mendoza, Police Secretary /Scribe Page 3 of 3 Page 5 of 73 C i7Y , r �4 AUBURN wASHING`IO Agenda Subject: Resolution No. 5089 - Data Service Change Department: Information Services AGENDA BILL APPROVAL FORM Attachments: Res5089 - Comcast Services Agreement Comcast Business quote- CityofAuburn Master Services Agreement City of Auburn - First Amendment Metro E 071114 Comcast Order Form Comcast Order Form Comcast Order Form Comcast Order Form Administrative Recommendation: Date: August 6, 2014 Budget Impact: $0 City Council approve Resolution No. 5089. Background Summary: Currently, the city has data and internet services provided by 3 service providers with contracts expiring in 2014. Through a competitive bidding process, we have identified a significant upgrade to City data (Internet) and voice services in 3 locations to support current and future needs at the Airport, City Hall and the Justice Center. Increased Internet capabilities are required for current "Cloud" based applications which have reduced operational costs and overhead, however increased bandwidth are required. The proposed service enhancement will provide redundant links and future phone and data fail over services at City Hall and Justice Center. The new service costs will be an approximate annual increase of $9416.60 which is offset due to additional service cancellations. As part of this upgrade the City will receive fiber connectivity and service enhancements with long distance at .028 per minute compared to .039 currently and also includes: 50MB Internet, 2 PRI Voice, Caller ID capabilities, approximately 9600 long distance minutes per PRI and local dialing with no long distance between Bellingham and Chehalis. 20MB Internet, 1 PRI Voice (failover) 10MB Internet, Voice Services and 5 phones with voicemail at Airport. Funding for this project will be accommodated through current Innovation & Technology communications budget 518.00.880.42. ACT.H AUBURN * MORE THAN YOU IMAGINED Page 6 of 73 Reviewed by Council Committees: Finance, Municipal Services Councilmember: Staff: Tiedeman Meeting Date: August 11, 2014 Item Number: ACT.H ACT.H AUBURN * MORE THAN YOU IMAGINED Page 7 of 73 RESOLUTION NO. 5 0 8 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND COMCAST ENTERPRISE SERVICES FOR COMMUNICATIONS SERVICES WHEREAS, the City of Auburn has a need for communication services; and WHEREAS, Comcast Enterprise Services is able to provide those communication services at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute the Master Services Agreement and First Amendment to Master Services Agreement between the City and Comcast Enterprise Services, which agreement and amendment shall be in substantial conformity with the Agreement and First Amendment respectively attached hereto as Exhibits A and B and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 2014. Resolution No. 5089 July 23, 2014 ACI-1- e 1 of 2 CITY OF AUBURN NANCY BACKUS, MAYOR Page 8 of 73 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 5089 July 23, 2014 ACT 1-e 2 of 2 Page 9 of 73 H o a N O E U W l0 O E v Z y L 0 }RI E vG 2-ggE o d v) Q W uz On a1 O E , i = L ds O U ce O 00000II 0 0 0 r. 0 0) 000606 0 0 0 0 0 1- 0In01R0 Lil of 0 to M *A- Z a >, G O n +iOONOO OONIAl00 060600 M1 of of of of of .0- $3,494.45 E }' E 3 'X -0 ' cO C G 2 m O O O 0 0 0 ri rl rl 0 'O E , 3 E fu E 0 O .0 .0 .0 . 000 00 IA IA N IA id 0 a rl N rl rl rl rl to V O J C C c C WI '1 . '� 'RI i i M M EX N N W W 3 31010 O O IA IA O O Tr Tr N N N IA M M C 0 �d a 'L u In w 0 w v L 0 In Ethernet Dedicate Internet Services PRI - total of 9200LD Minutes Ethernet Dedicate Internet Services Business Voice Edge Ethernet Dedicate Internet Services (Optional) PRI - total of 4600LD Minutes Locations and Comcast build cost to be absorbed: 25 W Main ST - 506 23rd - 340 E Main ST - PRI is a combined LD min = 13,800 }1 Vl 0 U E 0 U V X W N C CO 10 O V Q 0 M L In a,y 4 C�, W s ns R) 0. _c vco 0D H O cable.comcast.com Page 10 of 73 COMCAST ENTERPRISE SERVICES MASTER SERVICES AGREEMENT (MSA) MSA ID #: WA- 177289 -jhoss Primary Contact: Ron Tiedeman MSA Term:60 months CUSTOMER INFORMATION Account Name: City of Auburn Primary Contact Address Information Title: Director of IT Address 1: Phone: (253) 288 -3160 Date: Address 2: Cell: COMCAST USE ONLY City: Fax: State: Email: rtiedeman @auburnwa.gov Zip Code: This Master Service Agreement ( "Agreement ") sets forth the terms and conditions under which Comcast Cable Communications Management, LLC and its operating affiliates ( "Comcast ") will provide communications and other services ( "Services ") to the above Customer. The Agreement consists of this fully executed Master Service Agreement Cover Page ( "Cover Page "), the Enterprise Services General Terms and Conditions ( "General Terms and Conditions "), any written amendments to the Agreement executed by both parties ( "Amendments "), the Product - Specific Attachment for the applicable Services ( "PSA(s) ") and each Sales Order accepted hereunder ( "Sales Orders "). In the event of any inconsistency among these documents, precedence will be as follows: (1) this Cover Page (2) General Terms and Conditions, (3) PSA(s), , and (4) Sales Orders. This Agreement shall be legally binding when signed by both parties and shall continue in effect until the expiration date of any Service Term specified in a Sales Order referencing the Agreement, unless terminated earlier in accordance with the Ag reement. The Customer referenced above may submit Sales Orders to Comcast during the Term of this Agreement ( "MSA Term "). After the expiration of the initial MSA Term, Comcast may continue to accept Sales Orders from Customer under the Agreement, or require the parties to execute a new MSA. The Agreement shall terminate in accordance with the General Terms and Conditions. The General Terms and Conditions and PSAs are located at http: // business.comcast.com/ enterprise- terms -of- service /index.aspx(or any successor URL).Use of the Services is also subject to the High -Speed Internet for Business Acceptable Use Policy ( "AUP ") located at http: // business.comcast.com/ customer - notifications /acceptable- use - policy (or any successor URL), and the High -Speed Internet for Business Privacy Policy (Privacy Policy ") located at http://business.comcast.com / customer - notifications /customer - privacy- statement (or any successor URL). Comcast may update the General Terms and Conditions, PSAs, AUP and Privacy Policy from time to time upon posting to the Comcast website. Services are only available to commercial customers in wired and serviceable areas in participating Comcast systems (and may not be transferred). Minimum Service Terms are required for most Services and early termination fees may apply. Service Terms are identified in each Sales Orders, and early termination fees are identified in the applicable Product Specific Attachments. BY SIGNING BELOW, CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. ACT. H Page 11 of 73 CUSTOMER SIGNATURE (by authorized representative) All Signature: Name: Title: Date: COMCAST USE ONLY (by authorized representative) Signature: Sales Rep: Todd Lash Name: Sales Rep Email: todd_lash @cable.comcast.com Title: Region: Seattle Date: Division: West ACT. H Page 11 of 73 Amendment No. WA-177289-jhoss/A1 FIRST AMENDMENT to Comcast Enterprise Services Master Services Agreement No. WA- 177289 -jhoss This First Amendment ( "Amendment ") is concurrently entered into on July 11, 2014 ( "Effective Date ") in conjunction with the Comcast Enterprise Services Master Services Agreement No. WA-177289-jhoss ( "Agreement ") by and between Comcast Cable Communications Management, LLC ( "Comcast ") and City of Auburn ( "Customer "), individually referred to herein as "Party" and jointly referred to as "Parties ". In the event of an explicit conflict between this Amendment and the Agreement, the terms and conditions of this Amendment shall take precedence in the interpretation of the explicit matter in question. Unless otherwise set forth herein, all capitalized terms set forth herein shall have the same meaning as set forth in the Agreement. Whereas, the Parties desire to amend the Agreement by this writing to reflect the amended or additional terms and conditions to which the Parties have agreed to; Now, therefore, in consideration of the mutual covenants, promises, and consideration set forth in this Amendment, the Parties agree as follows: 1. Article 1 of the Enterprise Services General Terms and Conditions ( "General Terms and Conditions ") is hereby modified to read as follows: "Comcast may change or modify the Agreement, and any related policies from time to time ( "Revisions ") by posting such Revisions to the Comcast Website. The Revisions are effective upon posting to the Website. Customer will receive notice of the Revisions in the next applicable monthly invoice. Customer shall have sixty (60) calendar days from the invoice notice of such Revisions to provide Comcast with written notice that the Revisions adversely affect Customer's use of the Service(s). If after notice Comcast is unable to reasonably mitigate the Revision's impact on such Services, then Customer may terminate the impacted Service(s) without further obligation to Comcast beyond the termination date, including Termination Charges, if any. This shall be Customer's sole and exclusive remedy." 2. Article 4.3 of the General Terms and Conditions is hereby modified to read as follows: "Sales Order Renewal. Upon the expiration of the Service Term, each Sales Order shall automatically renew for successive periods of one (1) month each ( "Renewal Term(s) "), unless otherwise stated in these terms and conditions or prior notice of non - renewal is delivered by either Party to the other at least thirty (30) days before the expiration of the Service Term or the then current Renewal Term. Effective at any time after the end of the Service Term and from time to time thereafter, Comcast may, modify the charges for Ethernet, Internet and /or Video Services subject to thirty (30) days prior written notice to Customer. Customer will have thirty (30) days from receipt of such notice to cancel the applicable Service without further liability. Should Customer fail to cancel within this timeframe, Customer will be deemed to have accepted the modified Service pricing." 3. Article 11.15 is hereby added to the General Terms and Conditions to read as follows: "Non- Appropriation of Funds. In the event Customer is unable to secure funds or if funds are not appropriated by the applicable local or state agency for performance during any fiscal period of the term of a Sales Order, such Sales Order may be terminated ( "Termination ") by the Customer upon written notification to Comcast, to include a copy of the non - appropriation of funds notification, as of the beginning of the fiscal year for which funds are not appropriated or otherwise secured. In the event Customer terminates a Sales Order under this "Non- Appropriation of Funds" provision, neither Party shall have any further obligation to the other Party, excepting Customer shall be responsible for the payment of any and all unpaid charges for Services rendered and for Comcast equipment, and, any and all unpaid capital expenses incurred by Comcast on behalf of the applicable Sales Order, all Comcast Cable Communications Management, LLC CONFIDENTIAL and PROPRIETARY 4,,c/ ACT.H Page 1Pfeolf"1�3 Amendment No. WA-177289-jhoss/A1 of which are to be paid by Customer to Company within thirty (30) days from the Company provided invoice date. Customer hereby agrees to notify Comcast in writing as soon as it has knowledge that funds are not available for the continuation of the performance as set forth in the Sales Order, for any fiscal period under the applicable Sales Order Term." IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the day and year written below and the persons signing covenant and warrant that they are duly authorized to sign for and on behalf of the respective Parties. Except as otherwise modified by this Amendment, all other terms and conditions set forth in the Agreement shall remain in full force and effect. City of Auburn Comcast Cable Communications Management, LLC Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Comcast Cable Communications Management, LLC CONFIDENTIAL and PROPRIETARY ACT.H Page 1YY o2rfit Ccmccssx__ COMCAST ENTERPRISE SERVICES SALES ORDER FORM MSA ID #: WA- 177289 -jhoss SO ID #: WA- 177289 - jhoss- 1652313 Account Name: City of Auburn CUSTOMER INF • MATION (for notices) Primary Contact: Ron Tiedeman City: Phone: (253) 288 -3160 Title: Director of IT State: Cell: Address 1: Zip: Fax: Address 2: Email: rtiedeman @auburnwa.gov OF CHARGES (Details on following pages) SUMMARY OF CUSTOM INSTALLATION FEES Service Term (Months): 60 SUMMARY OF SERVICE CHARGES* Total Ethernet Monthly Recurring Charges: $ 908.01 Total Trunk Services Monthly Recurring Charges: $ 638.00 Total Off -Net Monthly Recurring Charges: $ 0.00 Total Custom Installation Fee: $ 0.00 Amortized Custom Installation Fee $ 0.00 state, and local taxes, USF fees, surcharges and recoupments detail regarding such charges. Customer shall pay Comcast one Total Monthly Recurring Charges (all Services): $ 1,546.01 Total Ethernet Standard Installation Fees*: $ 1,000.00 Total Trunk Services Standard Installation Fees: $ 500.00 Total Off -Net Standard Installation Fees: $ 0.00 Total Standard Installation Fees (all Services): $ 1,500.00 *Note: Charges identified in the Service Order are exclusive of maintenance and repair charges, and applicable federal, (however designated). Please refer to your Comcast Enterprise Services Master Services Agreement (MSA) for specific hundred percent (100 %) of the non - amortized Custom Installation Fee prior to the installation of Service. GENERAL COMMENTS This Comcast Enterprise Services Sales Order Form ( "Sales Order ") shall be entered between Comcast and the undersigned and is subject to the Product "Agreement ") . Unless otherwise indicated herein, capitalized words shall have E911 NOTICE Comcast Business Class Trunking Service may have the E911 limitations specified • The National Emergency Number Association (NENA), a 911 industry organization responsible for creating customer records, preferably in NENA standard format, related to provision of Automatic Location Information (ALI) for E911 services, a. Comcast will send to the ALI database or Subscriber Location Database b. Customer may choose to sign up for up to 10 Emergency Location Information call taker. The location information, such as a specific floor, side of a building, responsible for programming it's PBX system to map each station to one of the assigned ELINs to the ALI or SLDB database, as is appropriate. • Many jurisdictions require businesses using multi -line telephone systems to and complies with all such requirements. In any event, if Customer does not responders may be delayed or even prevented from timely reaching the caller's • Battery Back Up - The Integrated Access Device (IAD) provided by Comcast continuity during a power outage, as employees would otherwise be unable • Calls using the Service, including calls to 911, may not be completed if there • All questions should be directed to 1- 800 - 391 -3000. E911 Service, Private By signing below, Customer acknowledges, agrees to and accepts the terms CUSTOMER USE ONLY (by authorized representative) Signature: effective upon acceptance by Comcast. This Sales Order Specific Attachment for the Service(s) ordered herein, located the same meaning as in the Agreement. below: that makes recommendations for standardized services that identify caller locations." To facilitate Customers Comcast offers two options: (SLDB) the main billing telephone number and the main Numbers (ELINs) that Customer could assign to zones or other identifying information, could assist emergency these numbers, and for updating the system as necessary program their systems to transmit specific location information maintain E911 records in a timely and accurate manner, the location. is not equipped with battery backup. It is Customers responsibility to use the Services, including dialing 9 -1 -1, when power is is a problem with network facilities, including network congestion, Branch Exchange, and Direct Inward Dial Service. and conditions of this Sales Order. COMCAST USE Signature: is made a part of the Comcast Enterprise Services Master Services Agreement, at http: // business .comcast.com /enterprise- terms -of- service /index.aspx, (the relating to E911, has issued guidelines that state The PBX owner is compliance with these guidelines and with associated state and local requirements address provided by Customer, or within Customers premises that would be separately identified to the E911 responders to more quickly reach the appropriate location. Customer is solely to reflect moves or additions of stations within the premises. Comcast will send for 911 calls. Customer bears sole responsibility to ensure that it identifies E911 call taker may not receive proper location information, and emergency to ensure adequate back -up power is provided to ensure service unavailable. network /equipment /power failure, or another technical problem. ONLY (by authorized representative) Sales Rep: Todd Lash Name: Name: Sales Rep E -Mail: todd_lash @cable.comcast.com Title: ACT.H Title: Region: Seattle Page 14 of 73 Date: Date: Division: West ECOMCCISlt Account Name: MSA ID #: Short Description of Service: Service Term (Months): COMCAST ENTERPRISE SERVICES SALES ORDER FORM ETHERNET SERVICES AND PRICING City of Auburn WA- 177289 -jhoss Date: SO ID #: July 30, 2014 WA- 177289 -j hoss- 1652313 60 Solution Charges Line Request Action Service(s) il Description Service Location A" Service Location Z" Tax Jurisdiction Monthly One -Time 1 New Add EDI -NI -50 50 Mbps City of Auburn - 25 W Main ST 25 W MAIN ST Interstate $ 0.00 $ 1,000.00 2 New Add EDI -50 50 Mbps City of Auburn - 25 W Main ST 25 W MAIN ST Interstate $ 908.01 $ 0.00 3 New Add PRI -UNI 50 Mbps City of Auburn - 25 W Main ST 25 W MAIN ST Interstate $ 0.00 $ 0.00 Services Location Details attached Page Total $ 908.01 $ 1,000.00 ACT.H Page 15 of 73 om ast Business Glass Account Name: COMCAST ENTERPRISE SERVICES SALES ORDER FORM SERVICE LOCATION DETAIL INFORMATION City of Auburn MSA ID #: WA- 177289 -jhoss SO ID #: WA- 177289 - jhoss- 1652313 Date: July 30, 2014 Line Location Name / Site ID Address 1 Address 2 City State Zip Code DeMarc Location Extend to DeMarc (Yes /No) Inside Wiring (Yes /No) Technical / Technical / Technical / Local Local Local Contact Contact Email Contact Phone # Address Name Technical Contact On Site (Yes /No) Satellite Location (Y /N) City of Auburn - 25 W Main ST 25 W MAIN ST AUBURN WA 98001 1 No Ron Tiedeman (253)288 -3160 rtiedeman @aubur nwa.gov No No ACT.H Page 16 of 73 Ccomcast Date : Business Class 07/30/2014 Service Term: MSA ID #: 60 COMCAST TRUNK SERVICES SALES ORDER FORM SUMMARY OF TRUNK SERVICES AND PRICING WA- 177289 -jhoss SO ID#: WA-1 77289 -j h o s s -165 2313 Account Name: City of Auburn Site Location Name / Site ID # Full PRI # Fractional PRI # Additional Channels PORT 1 # Additional Channels PORT 2 # Additional Channels PORT 3 # Additional Channels PORT 4 # Additional Channels PORT 5 # Additional Channels PORT 6 # Additional Channels PORT 7 # Additional Channels PORT 8 1 City of Auburn - 25 W Main ST 2 0 0 0 0 0 0 0 0 0 ACT.H Page 17 of 73 o mca st Business Class Date : 07/30/2014 Service Term: MSA ID #: 60 COMCAST TRUNK SERVICES SALES ORDER FORM SUMMARY OF TRUNK SERVICES AND PRICING WA- 177289 -jhoss SO ID#: WA- 177289 -j hoss- 1652313 Account Name: City of Auburn ACT.H Page 18 of 73 Solution Charges Site Location Name / Site ID # of 20 TN Block # of 100 TN Block # of 200 TN Blocks # of 500 TN Blocks # of 1000 TN Blocks # of Toll Free Numbers # of Trunk Groups # of Trunk Groups with DNIS # of RCF TN Monthly Call Detail Record Monthly Recurring Charges Standard Installation Fees 1 City of Auburn - 25 W Main ST 0 0 0 0 0 0 0 0 0 1 $ 638.00 $ 500.00 Page Total: $ 638.00 $ 500.00 ACT.H Page 18 of 73 Date : ENTERPRISE SALES ORDER DETAIL - TRUNK SERVICES 07/30/2014 Account Name: ICtyofAuburn MSA ID #: WA- 177289 -jhoss SO ID #: WA-1 77289 -j h o s s -165 2313 Location Name /Site ID: City of Auburn - 25 W Main ST Address 2: Request Type: New Address 1: 25 W MAIN ST Action: Zip: Address 2: Technical Contact Name: Ron Tiedeman City: AUBURN State: WA Zip: 98001 Customer Moving? None Moving From Address Address 1: Service Term Address 2: PRI Interface City: Promotional Discount: State: Total Monthly Recurring Charge *: Zip: Enterprise channel. 2 Full Business Class Trunks PRI, rate card $489 each, discounted $240, plus an additional $100 off 1st PRI for total MRC of $638 when bought with or added to Ethernet. Discount shows on PRI bill titled "Multi- Product Pkg Discount'. Taxes, Usage and Fees are extra. Technical Contact Name: Ron Tiedeman Technical Contact Phone: (253)288 -3160 Technical Contact Email: rtiedeman@auburnwa.gov Technical Contact On- Site(Y /N) No Detail of Monthly Recurring Charges: Business Class Trunks Service Term 60 PRI Interface $ 978.00 Promotional Discount: Ethernet/Trunk Promotion Option ENTBCTPRI2FuIIBP Total Monthly Recurring Charge *: Ethernet/Trunk Promotion Description Enterprise channel. 2 Full Business Class Trunks PRI, rate card $489 each, discounted $240, plus an additional $100 off 1st PRI for total MRC of $638 when bought with or added to Ethernet. Discount shows on PRI bill titled "Multi- Product Pkg Discount'. Taxes, Usage and Fees are extra. Voice Selections Quantity Unit Price Total Price Fractional PRI' 0 $ 0.00 $ 0.00 # of Additional Channels PORT 1 0 $ 0.00 $ 0.00 # of Additional Channels PORT 2 0 $ 0.00 $ 0.00 # of Additional Channels PORT 3 0 $ 0.00 $ 0.00 # of Additional Channels PORT 4 0 $ 0.00 $ 0.00 # of Additional Channels PORT 5 0 $ 0.00 $ 0.00 # of Additional Channels PORT 6 0 $ 0.00 $ 0.00 # of Additional Channels PORT 7 0 $ 0.00 $ 0.00 # of Additional Channels PORT 8 0 $ 0.00 $ 0.00 Full PRI' 2 $ 489.00 $ 978.00 # of 20 TN Blocks* 0 $ 0.00 $ 0.00 # of 100 TN Blocks 0 $ 0.00 $ 0.00 # of 200 TN Blocks 0 $ 0.00 $ 0.00 # of 500 TN Blocks 0 $ 0.00 $ 0.00 # of 1000 TN Blocks 0 $ 0.00 $ 0.00 # of Toll Free Numbers 0 $ 0.00 $ 0.00 # of Trunk Groups 0 $ 0.00 $ 0.00 # of RCF TN 0 $ 0.00 $ 0.00 # of DTO 0 $ 0.00 $ 0.00 # of Trunk Groups with DNIS 0 $ 0.00 $ 0.00 Monthly Call Detail Record (CDR) 1 $ 0.00 $ 0.00 # of Intra Lata CRC TNs 0 $ 0.00 $ 0.00 # of Inter Lata CRC TNs 0 $ 0.00 $ 0.00 Directory Listing Suppression 0 $ 0.00 $ 0.00 *20 TN Block Included in Price for PRI Aggregate Monthly Recurring Charges: Service Term 60 Monthly Recurring Charge: $ 978.00 Promotional Discount: -$ 340.00 Total Monthly Recurring Charge *: $ 638.00 'Applicable federal, state, and local taxes and fees may apply; usage fees not included. Trunk Services Standard Installation Fees: Toll Free Activation Fee: $ 0.00 RCF Activation Fee : $ 0.00 Directory Listing Suppression $ 0.00 Site Installation Charges *: $ 500.00 Total Trunk Services Standard Installation Fees: $ 500.00 Directory Listing DL Number DL Display Name DA/DL Header Text Information Caller ID Display Name Caller ID (Yes /No) Call Blocking (Yes /No) Customer requests Call Forward Not Reachable? Customer requests International Dialing? Published City of Auburn No No No Customer may change the International Dialing preference by contacting Comcast in writing. FOR COMCAST USE ONLY Sales Representative Code: Todd Lash Sales Manager /Director: Sales Manager /Director Approval: Division: West Lead ID: SPECIAL ORDER NOTES ACT.H Page 19 of 73 (c0mr:a51... COMCAST ENTERPRISE SERVICES SALES ORDER FORM Account Name: City of Auburn MSA ID #: WA- 177289 - jboss SO ID #: WA- 177289 - jhoss- 1652683 CUSTOMER INFORMATION (for notices) Primary Contact: Ron Tiedeman City: Phone: (253) 288 -3160 Title: Director of IT State: Cell: Address 1: Zip: Fax: Address 2: Email: rtiedeman@auburnwa.gov SUMMARY OF CHARGES (Details on following oaaes) Service Term (Months): 60 SUMMARY OF SERVICE CHARGES* SUMMARY OF CUSTOM INSTALLATION FEES Total Ethernet Monthly Recurring Charges: Total Trunk Services Monthly Recurring Charges: Total Off -Net Monthly Recurring Charges: $ 803.60 Total Custom Installation Fee: $0.00 $ 294.00 Amortized Custom Installation Fee $ 0.00 $ 0.00 Total Monthly Recurring Charges (all Services): $ 1,097.60 Total Ethernet Standard Installation Fees *: $ 1,000.00 Total Trunk Services Standard Installation Fees: $ 9.95 Total Off -Net Standard Installation Fees: $ 0.00 Total Standard Installation Fees (all Services): $ 1,009.95 *Note: Charges identified in the Service Order are exclusive of maintenance and repair charges, and applicable federal, state, and local taxes, USF fees, surcharges and recoupments (however designated). Please refer to your Comcast Enterprise Services Master Services Agreement (MSA) for specific detail regarding such charges. Customer shall pay Comcast one hundred percent (100 %) of the non - amortized Custom Installation Fee prior to the installation of Service. GENERAL COMMENTS This Comcast Enterprise Services Sales Order Form ( "Sales Order ") shall be effective upon acceptance by Comcast. This Sales Order is made a part of the Comcast Enterprise Services Master Services Agreement, entered between Comcast and the undersigned and is subject to the Product Specific Attachment for the Service(s) ordered herein, located at http.// business .Comcast.com /enterprise- terms -of- service /Index.aspx, (the "Agreement ") . Unless otherwise indicated herein, capitalized words shall have the same meaning as in the Agreement. E911 NOTICE Comcast Business Class Trunking Service may have the E911 limitations specified below: • The National Emergency Number Association (NENA), a 911 industry organization that makes recommendations for standardized services relating to E911, has issued guidelines that state "The PBX owner is responsible for creating customer records, preferably in NENA standard format, that identify caller locations." To facilitate Customer's compliance with these guidelines and with associated state and local requirements related to provision of Automatic Location Information (ALI) for E911 services, Comcast offers two options: a. Comcast will send to the ALI database or Subscriber Location Database (SLDB) the main billing telephone number and the main address provided by Customer; or b. Customer may choose to sign up for up to 10 Emergency Location Information Numbers (ELINs) that Customer could assign to zones within Customer's premises that would be separately identified to the E911 call taker. The location information, such as a specific floor, side of a building, or other identifying information, could assist emergency responders to more quickly reach the appropriate location. Customer is solely responsible for programming it's PBX system to map each station to one of these numbers, and for updating the system as necessary to reflect moves or additions of stations within the premises. Comcast will send the assigned ELINs to the ALI or SLDB database, as is appropriate. • Many jurisdictions require businesses using multi -line telephone systems to program their systems to transmit specific location information for 911 calls. Customer bears sole responsibility to ensure that it identifies and complies with all such requirements. In any event, if Customer does not maintain E911 records in a timely and accurate manner, the E911 call taker may not receive proper location information, and emergency responders may be delayed or even prevented from timely reaching the caller's location. • Battery Back Up - The Integrated Access Device (IAD) provided by Comcast is not equipped with battery backup. It is Customers responsibility to ensure adequate back -up power is provided to ensure service continuity during a power outage, as employees would otherwise be unable to use the Services, including dialing 9 -1 -1, when power is unavailable. • Calls using the Service, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion, network /equipment/power failure, or another technical problem. • All questions should be directed to 1- 800 - 391 -3000. E911 Service, Private Branch Exchange, and Direct Inward Dial Service. By signing below, Customer acknowledges, agrees to and accepts the terms and conditions of this Sales Order. CUSTOMER USE ONLY (by auth COMCAST USE ONLY (by authorized representative) Signature: Signature: Sales Rep: Todd Lash Name: Name: Sales Rep E -Mail: todd_lash @cable.comcast.com Title: Title: Region: Seattle Date: A ,., r r r Date: Division: West r, _ V I . yc @xncost . Account Name: MSA ID #: Short Description of Service: Service Term (Months): COMCAST ENTERPRISE SERVICES SALES ORDER FORM ETHERNET SERVICES AND PRICING Date: SO ID #: City of Auburn WA- 177289 -jhoss July 30, 2014 WA-1 77289 -jh oss- 1652683 60 Solution Charges Line Request Action Service(s) Description Service Location A* Service Location Z* Tax Jurisdiction Monthly One -Time City of Auburn - 1 New Add EDI -NI -20 20 Mbps 340 E Main ST 340 E MAIN ST Interstate $ 0.00 $ 1,000.00 2 New Add EDI -20 20 Mbps City of Auburn - 340 E Main ST 340 E MAIN ST Interstate $ 803.60 $ 0.00 3 New Add PRI -UNI 50 Mbps City of Auburn - 340 E Main ST 340 E MAIN ST Interstate $ 0.00 $ 0.00 * Services Location Details attached Page Total $ 803.60 $ 1,000.00 ACT.H Page 21 of 73 Account Name: COMCAST ENTERPRISE SERVICES SALES ORDER FORM SERVICE LOCATION DETAIL INFORMATION City of Auburn MSA ID#: WA- 177289 -jhoss SO ID #: WA- 177289 - jhoss- 1652683 Date: July 30, 2014 Lin e Location Name / Site ID Address 1 Address 2 City State Zip Code DeMarc Locatio n Extend to DeMarc (Yes/No) Inside Wiring (Yes/No Technical / Local Contact Name Technical / Local Contact Phone # Technical / Local Contact Email Address Technical Contact On Site (Yes /No) Satellite Location (Y /N) City of 340E MAIN 1 Auburn - 340 E Main ST AUBURN WA 98002 I Ron rtiedeman @aub No (253)288 -3160 Tiedeman urnwa.gov No No I ACT.H Page 22 of 73 (c0mr:a51... COMCAST ENTERPRISE SERVICES SALES ORDER FORM Account Name: City of Auburn MSA ID #: WA- 177289 - jboss SO ID #: WA- 177289 - jhoss- 1895550 CUSTOMER INFORMATION (for notices) Primary Contact: Colin Schmalz City: AUBURN Phone: (253) 804 -5021 Title: Network Communications Engineer State: WA Cell: Address 1: 25 West Main Street Zip: 98001 Fax: Address 2: Email: cschmalz @auburnwa.gov SUMMARY OF CHARGES (Details on followlna Daces) Service Term (Months): 60 SUMMARY OF SERVICE CHARGES* SUMMARY OF CUSTOM INSTALLATION FEES Total Metro Ethernet Monthly Recurring Charges: Total Trunk Services Monthly Recurring Charges: Total Off -Net Monthly Recurring Charges: $ 690.20 Total Custom Installation Fee: $ $ 0.00 Amortized Custom Installation Fee $ 0.00 $ 0.00 Total Monthly Recurring Charges (all Services): $ 690.20 Total Metro Ethernet Standard Installation Fees *: $ 1,000.00 Total Trunk Services Standard Installation Fees: $ 0.00 Total Off -Net Standard Installation Fees: $ 0.00 Total Standard Installation Fees (all Services): $ 1,000.00 *Note: Charges identified in the Service Order are exclusive of maintenance and repair charges, and applicable federal, state, and local taxes, fees, surcharges and recoupments (however designated). Please refer to your Comcast Enterprise Services Master Services Agreement (MSA) for specific detail regarding such charges. Customer shall pay Comcast one hundred percent (100 %) of the non - amortized Custom Installation Fee prior to the installation of Service. GENERAL COMMENTS This Comcast Enterprise Services Sales Order Form ( "Sales Order ") shall be effective upon acceptance by Comcast. This Sales Order is made a part of the Comcast Enterprise Services Master Services Agreement, entered between Comcast and the undersigned and is subject to the Product Specific Attachment for the Service(s) ordered herein, located at http.// business .COmcast.com /enterprise- terms -Of- service /Index.aspx, (the "Agreement ") . Unless otherwise indicated herein, capitalized words shall have the same meaning as in the Agreement. E911 NOTICE Comcast Business Class Trunking Service may have the E911 limitations specified below: • The National Emergency Number Association (NENA), a 911 industry organization that makes recommendations for standardized services relating to E911, has issued guidelines that state "The PBX owner is responsible for creating customer records, preferably in NENA standard format, that identify caller locations." To facilitate Customer's compliance with these guidelines and with associated state and local requirements related to provision of Automatic Location Information (ALI) for E911 services, Comcast offers two options: a. Comcast will send to the ALI database or Subscriber Location Database (SLDB) the main billing telephone number and the main address provided by Customer; or b. Customer may choose to sign up for up to 10 Emergency Location Information Numbers (ELINs) that Customer could assign to zones within Customer's premises that would be separately identified to the E911 call taker. The location information, such as a specific floor, side of a building, or other identifying information, could assist emergency responders to more quickly reach the appropriate location. Customer is solely responsible for programming it's PBX system to map each station to one of these numbers, and for updating the system as necessary to reflect moves or additions of stations within the premises. Comcast will send the assigned ELINs to the ALI or SLDB database, as is appropriate. • Many jurisdictions require businesses using multi -line telephone systems to program their systems to transmit specific location information for 911 calls. Customer bears sole responsibility to ensure that it identifies and complies with all such requirements. In any event, if Customer does not maintain E911 records in a timely and accurate manner, the E911 call taker may not receive proper location information, and emergency responders may be delayed or even prevented from timely reaching the caller's location. • Battery Back Up - The Integrated Access Device (IAD) provided by Comcast is not equipped with battery backup. It is Customers responsibility to ensure adequate back -up power is provided to ensure service continuity during a power outage, as employees would otherwise be unable to use the Services, including dialing 9 -1 -1, when power is unavailable. • Calls using the Service, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion, network /equipment/power failure, or another technical problem. • All questions should be directed to 1- 800 - 391 -3000. E911 Service, Private Branch Exchange, and Direct Inward Dial Service. By signing below, Customer acknowledges, agrees to and accepts the terms and conditions of this Sales Order. CUSTOMER USE ONLY (by auth COMCAST USE ONLY (by authorized representative) Signature: Signature: Sales Rep: Todd Lash Name: Name: Sales Rep E -Mail: todd_lash @cable.comcast.com Title: Title: Region: Seattle Date: A ,., r r r Date: Division: West ,9� �3 of 73 Account Name: MSA ID #: Short Description of Service: Service Term (Months): COMCAST ENTERPRISE SERVICES SALES ORDER FORM METRO ETHERNET SERVICES AND PRICING City of Auburn WA- 177289 -jhoss Date: SO ID #: April 25, 2014 WA-1 77289 -jh oss- 1895550 60 Solution Charges Line Request Action Service(s) Description Service Location A* Service Location Z* Tax Jurisdiction Monthly One -Time City of Auburn - 1 New Add EDI -NI -10 10 Mbps 506 23rd ST NE 506 23RD ST Interstate $ 0.00 $ 1,000.00 2 New Add EDI -10 10 Mbps City of Auburn - 506 23rd ST NE 506 23RD ST Interstate $ 690.20 $ 0.00 * Services Location Details attached Page Total $ 690.20 $ 1,000.00 ACT.H Page 24 of 73 ACT.H Page 25 of 73 Account Name: COMCAST ENTERPRISE SERVICES SALES ORDER FORM SERVICE LOCATION DETAIL INFORMATION City of Auburn MSA ID#: WA- 177289 -jhoss SO ID #: WA- 177289 - jhoss- 1895550 Date: April 25, 2014 Lin e Location Name / Site ID Address 1 Address 2 City State Zip Code DeMarc Locatio n Extend to DeMarc (Yes/No) Inside Wiring (Yes/No Technical / Local Contact Name Technical / Local Contact Phone # Technical / Local Contact Email Address Technical Contact On Site (Yes /No) Satellite Location (Y /N) City of 506 23RD ST 1 Auburn - NE 506 23rd ST AUBURN WA 98002 I Colin cschmalz @aubu No (253)804 -5021 Schmalz rnwa.gov No No I ACT.H Page 26 of 73 Page 27 of 73 Busine. ! }.) /§\ / \!) } {) x) /(^ } {( } {\ ^ 1 Date:1 7/16/2014 1 Total Number of Lines: Ili 1 Location Name/Site ID Page 27 of 73 SALES ORDER DETAIL - BUSINESS VOICEEDGE SERVICES E f.° f re m ` a U E H N 0 E Total Business VoiceEdge Monthly Recurring Ch deral, state, and local taxes and fees may apply; usa Business VoiceEdge Standard Installation Fees: Total Activation Charges: $99.70 Site Installation Charges: $0.00 Expedite Order Charge * *: Total Business VoiceEdge Standard Installation Fees: $99.70 Total Business VoiceEdge Standard Installation Fees: O E E a 0 0 0 E 0 a The terms set forth in this agreem E K 00 Lookup on USPS.com Emergency 911 Information Street Number O 0 E z N O a N i U Page 28 of 73 . T E f.° f re m ` a U E H N 0 E Total Business VoiceEdge Monthly Recurring Ch deral, state, and local taxes and fees may apply; usa Business VoiceEdge Standard Installation Fees: Total Activation Charges: $99.70 Site Installation Charges: $0.00 Expedite Order Charge * *: Total Business VoiceEdge Standard Installation Fees: $99.70 Total Business VoiceEdge Standard Installation Fees: O E E a 0 0 0 E 0 a The terms set forth in this agreem E K 00 Lookup on USPS.com Emergency 911 Information Street Number O 0 E z N O a N i U Page 28 of 73 = v aggg8gg8g88g88888888 C V d' A fV N m N N m 1. This Comcast Business Class Service Order Agreement sets forth the terms and conditions under which Comcast Cable Communications Management, LLC and its operating affiliates ( "Comcast ") will provide the Services to Customer. This Comcast Business Class Service Order Agreement consists of this document (" SOA "), the standard Comcast Business Class Terms and Conditions ("Terms and Conditions "), and any jointly executed amendments ( "Amendments "), collectively referred to as the "Agreement ". In the event of inconsistency among these documents, precedence will be as follows: (1) Amendments, (2) Terms and Conditions, and (3) this SOA. This Agreement shall commence and become a legally binding agreement upon Customer's execution of the SOA. The Agreement shall terminate as set forth in the Terms and Conditions (http: //business.comcast. comfterms- conditionsftndex.aspx). All capitalized terms not defined in this SOA shall reflect the definitions given to them in the Terms and Conditions. Use of the Services is also subject to the then current High -Speed Internet for Business Acceptable Use Policy located at http: //business.comcast .comfterms- conditionsftndex.aspx (or any successor URL), and the then current High -Speed Internet for Business Privacy Policy located at http: //business.comcast .comfterms- conditionsftndex.aspx (or any successor URL), both of which Comcast may update from time to time. 2. Each Comcast Business Class Service ("Service ") carries a 60 day money back guarantee. If within the first sixty days following Service activation Customer is not completely satisfied, Customer may cancel Service and Comcast will issue a refund for Service charges actually paid by Customer, custom installation, voice usage charges, and optional service fees excluded. In order to be eligible for the refund, Customer must cancel Service within sixty days of activation and return any Comcast- provided equipment in good working order. In no event shall the refund exceed $500.00. 3. FOR CUSTOMERS SUBSCRIBING TO COMCAST'S BUSINESS CLASS ENHANCED VOICE SERVICE (INCLUDING BUSINESS VOICEEDGETM): CUSTOMER ACKNOWLEDGES RECEIPT AND UNDERSTAND OF THE FOLLOWING E911 NOTICE FOR ENHANCED VOICE SERVICES: Comcast Business Enhanced Voice Services, including Business VoiceEdgeTM ("Enhanced Voice Services ") may have the E911 limitations specified below: • In order for 911 calls to be properly directed to emergency services using Enhanced Voice Services, Comcast must have the correct service address (i.e. street address, floor and /or office number) for each telephone number and extension used by the Customer with the Enhanced Voice Services. If Enhanced Voice Services are moved to a different location without Customer providing the correct information, 911 calls may be directed to the wrong emergency authority, may transmit the wrong address, and /or Enhanced Voice Services (including 911) may fail altogether. Customer is solely responsible for programming its telephone system to map each telephone number and extension to the correct location, and for updating the system as necessary to reflect moves or additions of stations within the premises. • Enhanced Voice Services uses electrical power in the Customer's premises. If there is an electrical power outage, 911 calling may be interrupted if the battery back -up in the associated multimedia terminal adapter is not installed, fails, or is exhausted after several hours. • Enhanced Voice Services calls, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion, network /equipment /power failure, or another technical problem. • Comcast only supports 911 emergency calling with Enhanced Voice Services in those areas in the U.S. where Comcast can direct your company's 911 call to the appropriate PSAP in a manner consistent with applicable laws, rules, and regulations, including, without limitation, FCC rules and requirements. In an area where Comcast cannot support 911 calls, Customer will be notified before the completion of the update call. In this case, Customer must use an alternative means of accessing 911. • Failure by Customer to make subsequent address updates, including updates to restore service address to theoriginal registered Service Location, or failure to allot sufficient time for the Service Location update provisioning to complete may result in emergency services being dispatched to the incorrect Service Location. • If the Registered Service Location provided in conjunction with the user of nomadic Comcast Equipmentis deemed to be in an area Comcast cannot support for 911 calls, Customer will be notified before the completion of the update call. In this case, Customer must use an alternative means of accessing 911. • Customers should call Comcast at 1- 800 - 391 -3000 or 1- 866 - 207 -5515 (for Customers using nomadic functionality) if they have any questions or need to update a service address in the e911 system. USE OF ENHANCED VOICE SERVICES AFTER EXECUTION OF THIS DOCUMENT CONSTITUTES CUSTOMER ACKNOWLEDGEMENT OF THE E911 NOTICE FOR ENHANCED VOICE SERVICES. 4. To complete a Voice order, Customer must execute a Comcast Letter or Authorization ("LOA ") and submit it to Comcast, or Comcast's third party order entry integrator, as directed by Comcast. 5. New telephone numbers are subject to change prior to the install. Customers should not print their new number on stationery or cards until after the install is complete. 6. Modifications: All modifications to the Agreement, if any, must be captured in a written Amendment, executed by an authorized Comcast Senior Vice President and the Customer. All other attempts to modify the Agreement shall be void and non - binding on Comcast. Customer by signing below, agrees and accepts the terms and conditions of this Agreement. K } O w 0 Government Pr E U E E 0 Z Page 29 of 73 DI.A AuBuRN ITY OF � \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: Date: Animal Control - City Codes August 7, 2014 Department: Attachments: Budget Impact: Police ACC Title Animals $0 DRAFT Revisions- Impounds Administrative Recommendation: For discussion and review. Proposed change to codes relating to the impounding of animals. Background Summary: Reviewed by Council Committees: Municipal Services Councilmember: Peloza Staff: Lee Meeting Date: August 11, 2014 Item Number: DI.A AUBURN * MORE THAN YOU IMAGINED Page 30 of 73 Chapter 6.02 ANIMAL CONTROL Page 1 of 6 Chapter 6.02 ANIMAL CONTROL Sections: 6.02.010 Animals at large. 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 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 and 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 Reserved. 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 ACC 6.01.210. (Ord. 6424 § 2, 2012.) 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 DI.A Page 31 of 73 http: / /codepublishing.com /wa/ auburn /html /auburn06 /Auburn0602.html 8/7/2014 Chapter 6.02 ANIMAL CONTROL Page 2 of 6 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 ACC 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. (Ord. 6424 § 2, 2012.) 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. (Ord. 6424 § 2, 2012.) 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. (Ord. 6424 § 2, 2012.) 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. (Ord. 6424 § 2, 2012.) 6.02.060 Reserved. (Ord. 6424 § 2, 2012.) 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. (Ord, 6424 § 2, 2012.) 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. DI.A http: / /codepublishing. com /wa/ auburn /html /auburn06 /Auburn0602.htm1 Page32of73 8/7/2014 Chapter 6.02 ANIMAL CONTROL Page 3 of 6 B. A person who violates this section shall be punished as set forth in ACC 6.01.210. (Ord. 6424 § 2, 2012.) 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. (Ord. 6424 § 2, 2012.) 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. (Ord. 6424 § 2, 2012.) 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. (Ord. 6424 § 2, 2012.) 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. "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. (Ord. 6424 § 2, 2012.) 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. DI.A Page 33 of 73 http: / /codepublishing.com /wa/ auburn /html /auburn06 /Auburn0602.html 8/7/2014 Chapter 6.02 ANIMAL CONTROL Page 4 of 6 B. A person who violates this section shall be punished as set forth in ACC 6.01.210. (Ord. 6424 § 2, 2012.) 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. (Ord. 6424 § 2, 2012.) 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 Chapter 70.84 RCW, while the dog is in harness. D. A person who violates this section shall be punished as set forth in ACC 6.01.210. (Ord. 6424 § 2, 2012.) 6.02.135 Police dogs. A. Definitions. As used in this section, unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings: 1. "Police dog" means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler. 2. "Dog handler" means a law enforcement officer who has successfully completed training as prescribed by the Washington State Criminal Justice Training Commission in police dog handling. B. Interference with and Abuse of Police Dogs Prohibited. It is unlawful for any person to: 1. Willfully or maliciously interfere with, obstruct, torture, beat, kick, strike, mutilate, disable, shoot, poison, kill or in any other way abuse or harass any police dog; 2. Harass a police dog while such police dog is confined in its quarters, an automobile, kennel, fenced area, training area, or while it is under the control of a dog handler; DI.A http: / /codepubl ishing. com /wa/ auburn /html /auburn06 /Auburn0602.html Page34of73 8/7/2014 Chapter 6.02 ANIMAL CONTROL Page 5 of 6 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. (Ord. 6424 § 2, 2012.) 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 8.28.010(C), or as a civil infraction under this section. B. When animal noise is prosecuted as a crime, the terms of Chapter 8.28 ACC shall govern. C. When animal noise is treated as a civil infraction, the following is a violation: 1. Any animal which by making any noise that, by its volume or frequency, unreasonably disturbs or interferes with the peace of any person(s) for more than 15 minutes in any one -hour period of any day, and is documented by three or more separate episodes of such noise in a sequential seven -day period. 2. Exceptions to this subsection are public shelters, small animal hospitals or clinics, or grooming parlors otherwise in compliance with the Auburn City Code, or those who can substantiate that such animal noise was caused by an injury or illness of the animal(s) or by willful trespass, torment, or abuse of the animal(s) on its property by others. 3. Enforcement may be undertaken only upon written receipt of a complaint made to either the animal control authority or law enforcement by a person(s) residing at or who is employed in an area affected by such public noise disturbance. Any such animal(s) shall be deemed a nuisance and may be seized and impounded if the disturbance reoccurs after the owner or custodian of such animal(s) has received two written warnings, two notices of civil infraction, or a written warning and a notice of civil infraction from either the animal control authority or law enforcement within a calendar year. DI.A Page 35 of 73 http:// codepublishing. com /wa/ auburn /html /auburn06 /Auburn0602.html 8/7/2014 Chapter 6.02 ANIMAL CONTROL Page 6 of 6 4. Animal noise violations under this chapter shall be punished as set forth in ACC 6.01.210. (Ord. 6424 § 2, 2012.) 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 ACC Title 5. B. A person who violates this section shall be punished as set forth in ACC 6.01.210. (Ord. 6424 § 2, 2012.) 6.02.160 Reserved. (Ord. 6424 § 2, 2012.) The Auburn Municipal Code is current through Ordinance 6523, passed July 21, 2014. Disclaimer: The City Clerk's Office has the official version of the Auburn Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. DI.A http: / /codepublishing. com /wa/ auburn /html /auburn06 /Auburn0602. html Page36of73 8/7/2014 Chapter 6.04 ANIMAL LICENSING Page 1 of 6 Chapter 6.04 ANIMAL LICENSING Sections: 6.04.010 License required. 6.04.015 Rabies vaccination required. 6.04.020 Display or evidence of license. 6.04.030 When a 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 or notice of revocation. 6.04.120 Notice of revocation. 6.04.130 Checks. 6.04.140 Reserved. 6.04.150 Late payment penalty. 6.04.160 Use of fees and fines. 6.04.170 Puppies and kittens. 6.04.180 License records. 6.04.190 Counterfeit and imitation tags. 6.04.010 License required. It is unlawful for any person to own, keep, or have control of a dog or cat over the age of 8 weeks, whether confined or not, within the corporate boundaries of the city without having a current license tag attached to the collar or harness which is worn by the dog or cat or having been lawfully implanted with a microchip. Any dog or cat which is off the premises of its owner must have a current license, regardless of its age. If any dog and /or cat which is required to be licensed is found without a current license, it may be seized and impounded by the animal control agency or the law enforcement agency of the city. Additionally, such seizure and impoundment will not preclude the issuance of a criminal complaint. (Ord. 6483 § 1, 2014; Ord. 6457 § 2, 2013; Ord. 6424 § 3, 2012.) 6.04.015 Rabies vaccination required. All dogs, cats, and ferrets over the age of eight weeks shall be vaccinated for rabies. Provided, that this requirement may waived upon certification from a licensed veterinarian that the animal, for medical reasons, should not be vaccinated for rabies. (Ord. 6457 § 3, 2013.) 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 and proof of rabies vaccination, except DI.A Page 37 of 73 http: / /codepublishing.com /wa/ auburn /html /auburn06 /Auburn0604.htm1 8/7/2014 Chapter 6.04 ANIMAL LICENSING Page 2 of 6 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. (Ord. 6457 § 4, 2013; Ord. 6424 § 3, 2012.) 6.04.030 When a license is not required. A. While a dog or cat is competing in a sanctioned dog or cat show, it is not required to display its license tag while competing. Upon demand from an animal control officer or police officer, however, any person in possession of an animal competing in a sanctioned show must provide proof that the animal is licensed in accordance with this chapter. B. The provisions of this chapter shall not apply to dogs used by a law enforcement agency for police work, nor to dogs or cats in the custody of a veterinarian or animal shelter or animal rescuer, or whose owners are nonresidents temporarily within the city for a period not exceeding 30 calendar days. (Ord. 6424 § 3, 2012.) 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 dogs or four cats or any combination of dogs and cats totaling four animals pursuant to ACC 18.31.230. B. The maximum limits on dogs and cats at a street address or physical location do not apply to the facilities of a humane society or other animal shelter, veterinary hospitals, or kennel in compliance with this title. C. A person who violates this section shall be punished as set forth in ACC 6.01.210. (Ord. 6424 § 3, 2012.) 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. (Ord. 6424 § 3, 2012.) 6.04.060 Sale or gift of unaltered pet. DI.A http: / /codepublishing. com /wa/ auburn /html /auburn06 /Auburn0604.html Page38of73 8/7/2014 Chapter 6.04 ANIMAL LICENSING Page 3 of 6 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. (Ord. 6424 § 3, 2012.) 6.04.070 Animal licenses. A. Animal licenses shall be issued by the city and /or its authorized contractor and may be issued by veterinarians, pet shops, catteries, and kennels and other approved locations upon application and the payment of a license fee according to the schedule provided by the resolution of the city council. They shall be subject to the following. B. Applications for an animal license shall be on forms provided by the city. Upon application and the payment of a license fee according to the schedule provided in the city's fee schedule, animal licenses shall be issued by the city or approved entities. C. Any and all fees associated with the licensing of pets shall be established and may be amended by resolution of the city council. D. Animal licenses for dogs and cats shall be valid for a period of one year from the date on which the license is issued and shall be renewed annually. 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. The city shall recognize as valid "lifetime" licenses issued by King County regional animal services prior to January 1, 2013. Existing lifetime licenses are not transferable to any other pet. 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 ACC 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. DI.A Page39of73 http: / /codepublishing.com /wa/ auburn /html /auburn06 /Auburn0604.html 8/7/2014 Chapter 6.04 ANIMAL LICENSING Page 4 of 6 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. (Ord. 6457 § 1, 2013; Ord. 6424 § 3, 2012.) 6.04.080 License not transferable. Dog or cat licenses as provided for in this chapter shall be nontransferable. A person may use a license for another dog or cat that he /she owns, if the dog or cat for which it was issued is no longer owned by such a person. It is unlawful for any person to give, sell, exchange, or otherwise transfer a dog or cat license to another person, even if it is to be used for the same dog or cat for which it was originally issued. (Ord. 6424 § 3, 2012.) 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. (Ord. 6424 § 3, 2012.) 6.04.100 Denial of animal license application. An applicant may be denied the issuance or renewal of an 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 an animal license for up to: 1. Four years, if found in violation of the animal cruelty provisions of Chapter 6.01 ACC 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 an animal license is subject to appeal. (Ord. 6424 § 3, 2012.) 6.04.110 Appeal of animal license application denial or notice of revocation. DI.A http: / /codepublishing. com /wa/ auburn /html /auburn06 /Auburn0604.html Page 40of73 8/7/2014 Chapter 6.04 ANIMAL LICENSING Page 5 of 6 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 Chapter 2.46 ACC. C. The appeal fee shall be the amount provided by resolution adopted by city council and shall be paid at the time of the appeal filing to the city. A failure to pay the required fee at time of filing shall be considered a basis for non - acceptance of said filing. (Ord. 6424 § 3, 2012.) 6.04.120 Notice of revocation. An animal license issued by the city may be revoked upon an administrative determination that a violation of this title has occurred. The holder of the license subject to revocation shall be notified of said revocation in writing and shall have the opportunity to appeal pursuant to ACC 6.04,110. (Ord. 6424 § 3, 2012.) 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. (Ord. 6424 § 3, 2012.) 6.04.140 Reserved. (Ord. 6424 § 3, 2012.) 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. (Ord. 6424 § 3, 2012.) 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. (Ord. 6424 § 3, 2012.) 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. DI.A Page 41 of 73 http: / /codepublishing.com /wa/ auburn /html /auburn06 /Auburn0604.html 8/7/2014 Chapter 6.04 ANIMAL LICENSING Page 6 of 6 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 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 title. F. A person who violates this section shall be punished as set forth in ACC 6.01.210. (Ord. 6424 § 3, 2012.) 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. (Ord. 6424 § 3, 2012.) 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. (Ord. 6424 § 3, 2012.) The Auburn Municipal Code is current through Ordinance 6523, passed July 21, 2014. Disclaimer: The City Clerk's Office has the official version of the Auburn Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. DI.A http: / /codepublishing. com /wa/ auburn /html /auburn06 /Auburn0604.html Page42of73 8/7/2014 Chapter 6.12 GRAZING OR TETHERING Page 1 of 1 Chapter 6.12 GRAZING OR TETHERING Sections: 6.12,010 In public places — Prohibited. 6.12.020 Violating animals — Impoundment. 6.12.030 Violating animals — Impoundment fees, sale and redemption. 6.12.010 In public places — Prohibited. Cattle, horses or other domestic animals shall not be tethered or grazed upon the public streets, alleys, parks, squares or places within the city limits. (1957 code § 6.06.010.) 6.12.020 Violating animals — Impoundment. The chief of police or the animal control officer shall impound all animals found running at large, tethered or being grazed as prohibited by ACC 6.12.010 and shall safely keep the same and provide the same with food and water until the possession of such animals has been obtained by the owners thereof, or until the same have been sold as provided in ACC 6.12.030. (Ord. 2965 § 1, 1976; 1957 code § 6.06.020.) 6.12.030 Violating animals — Impoundment fees, sale and redemption. Such animals shall be impounded, held, returned, sold or redeemed in the manner provided by Chapter 6.08 ACC and the fees therein provided shall apply for like services under the provisions of this chapter. (1957 code § 6.06.030.) For statutory provisions authorizing third -class cities to manage and control public highways and places, see RCW 35.24.290(3); for provisions granting a code city all powers of any city of any class, see RCW 35A.21.160. The Auburn Municipal Code is current through Ordinance 6523, passed July 21, 2014. Disclaimer: The City Clerk's Office has the official version of the Auburn Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. v DI.A Page 43 of 73 http: / /codepublishing.com /wa/ auburn /html /auburn06 /Auburn0612,html 8/7/2014 DI.A Page 44 of 73 Chapter 6.20 MISTREATMENT OF ANIMALS Page 1 of 2 Sections: 6.20.010 6.20,020 6.20.030 6.20.040 6.20.050 6.20.060 6.20.070 6.20.080 Chapter 6.20 MISTREATMENT OF ANIMALS1 Offenses generally. Cruelty to animals prohibited. Food and shelter required. Abandonment prohibited. Fights for exhibition or sport prohibited. Poisoning dogs prohibited. Molesting or injuring birds prohibited. Violation — Penalty. 6.20.010 Offenses generally. It is unlawful for any person to mistreat any animal within the city limits in any manner as defined in ACC 6.20.020 through 6.20.070. (1957 code § 6.03.010.) 6.20.020 Cruelty to animals prohibited. It is unlawful to overdrive, overload, drive when overloaded, overwork, torture, cruelly beat, mutilate or needlessly kill, or carry or transport in any vehicle or other conveyance in a cruel and inhuman manner, any animal, or cause any of these acts to be done. (1957 code § 6.03.010(a).) 6.20.030 Food and shelter required. It is unlawful to fail to provide any animal in his charge or custody with necessary sustenance, drink and protection from the elements, or cause any of these acts to be done. (1957 code § 6.03.010(b).) 6.20.040 Abandonment prohibited. It is unlawful to abandon any animal, or cause such act to be done. (1957 code § 6.03.010(c).) 6.20.050 Fights for exhibition or sport prohibited. It is unlawful to maintain any place where fowl or any animals are suffered to fight upon exhibition, or for sport upon any wager. (1957 code § 6.03.010(d).) 6.20.060 Poisoning dogs prohibited. It is unlawful to poison any dog or dogs or distribute poison in any manner whatsoever with the intent or for the purpose of poisoning any dog or dogs. (1957 code § 6.03.010(e).) 6.20.070 Molesting or injuring birds prohibited. It is unlawful to frighten, shoot at, wound, kill, take, capture, ensnare, net, trap or in any other manner molest or injure any robin, lark, whippoorwill, finch, sparrow, thrush, wren, martin, swallow, snowbird, bobolink, red - winged blackbird, raven, oriole, kingbird, mockingbird, song sparrow or other songbird or insectivorous bird; or in any manner molest or injure the nest eggs or young of any such bird; or have in possession the nest eggs, young or body of such bird. (1957 code § 6.03.010(f).) DI.A Page45of73 http: / /codepublishing.com /wa/ auburn /html /auburn06 /Auburn0620.htm1 8/7/2014 Chapter 6,20 MISTREATMENT OF ANIMALS 6.20.080 Violation — Penalty. Page 2 of 2 A violation of this chapter is a misdemeanor punishable in accordance with ACC 1.24.010. (Ord. 5683 § 16, 2002; 1957 code § 6.03.020.) 1For statutory provisions on cruelty to animals, see Ch. 16.52 RCW; for provisions protecting nongame birds, see RCW 77.16.120. The Auburn Municipal Code is current through Ordinance 6523, passed July 21, 2014. Disclaimer: The City Clerk's Office has the official version of the Auburn Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. DI.A http: / /codepublishing. com /wa/ auburn /html /auburn06 /Auburn0620.htmt A Page46of73 8/7/2014 Chapter 6.24 SLAUGHTERING Page 1 of 2 Chapter 6.24 SLAUGHTERING1 Sections: 6.24.010 Chapter purpose. 6.24.020 Prohibition. 6.24.030 Offensive premises prohibited. 6.24.040 Violation — Nuisance declaration. 6.24.050 Violation — Penalty. 6.24.010 Chapter purpose. The city council deems the passage and enforcement of this chapter expedient to maintain the peace, good government and welfare of the city and its trade, commerce and manufactures, and necessary as a proper sanitary and health regulation. (1957 code § 4.08.010.) 6.24.020 Prohibition. It is unlawful for any person or persons, firm, copartnership or corporation to kill or slaughter or cause to be killed or slaughtered any animal or animals, the flesh of which is intended to be sold or offered for sale, within the city limits, or to keep or cause to be kept any cattle, sheep, swine or other animals, for sale or exchange, or to be shipped or slaughtered, in any yard, pen, corral, stable, structure, enclosure or premises. (1957 code § 4.08.020.) 6.24.030 Offensive premises prohibited. It is unlawful for any person or persons, firm, copartnership or corporation to keep, use or maintain or cause to be kept, used or maintained within the city limits any yard, pen, corral, stable, structure, enclosure or premises in such a manner as to be nauseous, foul or offensive or annoying to any neighborhood, family or person. (1957 code § 4.08.030.) 6.24.040 Violation — Nuisance declaration. All or any of the acts or omissions declared to be unlawful by the provisions of ACC 6.24.020 or 6.24.030 are public nuisances or a public nuisance. (1957 code § 4.08.040.) 6.24.050 Violation — Penalty. A violation of any of the provisions of this chapter by any person, firm, copartnership or corporation shall be a civil infraction, punishable in accordance with ACC 1.25.050. (Ord. 5683 § 17, 2002; 1957 code § 4.08.050.) 1 For statutory provisions authorizing third -class cities to declare nuisances, see RCW 35.24.330; for provisions granting a code city all powers of any city of any class, see RCW 35A.21.160. DI.A http: / /codepublishing. com /wa/ auburn /html /auburn06 /Auburn0624.html Page 47 of 73 8/7/2014 Chapter 6.24 SLAUGHTERING Page 2 of 2 DI.A http://codepublishing.com/wa/aubum/html/aubum06/Auburn0624.html Page48of73 8/7/2014 Chapter 6.35 DANGEROUS DOGS Page 1 of 4 Chapter 6.35 DANGEROUS DOGS Sections: 6.35.010 Repealed. 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 definitions. Repealed by Ord. 6424. (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, 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 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 DI.A Page49of73 http: / /codepublishing.com /wa/ auburn /html /auburn06 /Auburn0635.html 8/7/2014 Chapter 6.35 DANGEROUS DOGS Page 2 of 4 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 6.02.135 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 6.01.010(A)(27), 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 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. 6424 § 4, 2012; Ord. 6244 § 2, 2009; Ord. 5996 § 1, 2006; Ord. 5829 § 1, 2004.) DI.A http: / /codepublish ing. com /wa /auburn /html /auburn06 /Auburn063 5. html Page 50of73 8/7/2014 Chapter 6.35 DANGEROUS DOGS Page 3 of 4 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 6.01.010(A)(27), 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. 6424 § 4, 2012; Ord. 6304 § 1, 2010; Ord. 6244 § 3, 2009; Ord. 5996 § 1, 2006; Ord. 5829 § 1, 2004.) 6.35.035 Registration of potentially dangerous dogs. In addition to the dog licensing requirements as set forth in Chapter 6.04 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. 6424 § 4, 2012; 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 DI.A Page 51 of 73 http : / /codepublishing.com /wa/ auburn /html /auburn06 /Auburn0635.htm1 8/7/2014 Chapter 6.35 DANGEROUS DOGS Page 4 of 4 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 6.01.010(A)(27); 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. 6424 § 4, 2012; Ord. 6244 § 5, 2009; Ord. 5996 § 1, 2006; Ord. 5829 § 1, 2004.) The Auburn Municipal Code is current through Ordinance 6523, passed July 21, 2014. Disclaimer: The City Clerk's Office has the official version of the Auburn Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. DI.A http: / /codepublishing, com /wa /auburn /html /auburn06 /Auburn063 5, html Page52of73 8/7/2014 Showing Revisions 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, thcn thc animal control officcr or shcltcr shall makc a rctasonablc cffort to locatc and notify thc owncr of thc animal and cannot be reasonably determined or located, no notice of impound shall be required, and the city and /or the animal shelter shall be entitled to take such action allowed under the city code as if notice were given. There shall be no obligation to determine the owner of such animal if the animal is not wearing a license or other identification or is not microchipped. (Ord. 6424 § 1, 2012.) 6.01.070 Redemption of animals. A. Unless otherwise specifically provided in this title, the owner of any animal impounded under this title shall redeem said animal within 72 hours from time of notice of impound pursuant to Section 6.01.050 of the City Code 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 18 hours 72 hours from time of impounding notice of impound pursuant to Section 6.01.050 of the City Code, then any person may purchase it within thc ncxt 18 hours by complying with the animal shelter's purchase provisions. In casc the event that such animal is not redeemed within 120 hours after notice of impoundment, it may be humanely euthanized or otherwise disposed of within the discretion of the animal shelter. (Ord. 6424 § 1, 2012.) 6.01.100 Mandatory microchip /spay /neuter for impounded dogs and cats — Exception. A. No unaltcrcd un microchipped impounded dog or cat that +s —has previously been impounded morc than oncc in anywithin the preceeeding4-2-24 -month period may be redeemed by any person until the animal is spaycd or ncutcrcdmicrochipped pursuant to an order of the animal control officer directing the microchipping. The altcration microchipping shall be accomplished by the shelter or by any duly licensed veterinarian. In all cases, the veterinarian fees and costs shall be paid at the time of redemption by the animal's owner or person redeeming the animal. B. No unaltered impounded dog or cat that has previously been impounded twice within the preceeding 24 -month period may be redeemed by any person until the animal is spayed or neutered pursuant to an order of the animal control officer directing the alteration. The alteration shall be accomplished by the shelter or by any duly licensed veterinarian. In all cases, the veterinarian fees and costs shall be paid at the time of redemption by the animal's owner or person redeeming the animal. C. Exceptions to mandatory microchipping or alteration. The alteration shall not be required upon a showing of proof of alteration from a licensed veterinarian. The microchipping or alteration shall not be required if the owner or other person redeeming the animal provides a written statement from a licensed veterinarian stating that and explaining why the microchip, spay or neuter procedure would be harmful to the animal. D. Appeal of order for microchipping or alteration. If the owner of the animal objects to the order directing microchipping or alteration of the animal, the owner may submit a written appeal of DI.A Page 53 of 73 the order within 72 hours of notice of the impound, which appeal shall be heard by the police chief or designee. The owner shall, at the same time, pay $100.00 as a non - refundable appeal fee, and shall post a cash deposit of $250.00 to cover the additional costs of impound; and Further Provided that, regardless of the outcome of the appeal, the owner shall be responsible for the costs of impounding and any resulting microchipping and /or alteration. The decision of the police chief or designee on the appeal shall be final, unless the owner seeks injunctive relief from the King County Superior Court. (Ord. 6424 § 1, 2012.) As Revised 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 and cannot be reasonably determined or located, no notice of impound shall be required, and the city and /or the animal shelter shall be entitled to take such action allowed under the city code as if notice were given. There shall be no obligation to determine the owner of such animal if the animal is not wearing a license or other identification or is not microchipped. (Ord. 6424 § 1, 2012.) 6.01.070 Redemption of animals. A. Unless otherwise specifically provided in this title, the owner of any animal impounded under this title may shall redeem said animal within 72 hours from time of impounding notice of impound pursuant to Section 6.01.050 of the City Code by paying the appropriate redemption fee as well as any applicable boarding charge for the caring and keeping of such animal. All fees and charges must be paid prior to redeeming the animal. A dog or cat may not be redeemed unless it is properly licensed. B. If an impounded animal is not redeemed by the owner within 48 hours 72 hours from time of impounding notice of impound pursuant to Section 6.01.050 of the City Code, then any person may purchase it within the next 48 hours by complying with the animal shelter's purchase provisions. In case the event that such animal is not redeemed within 120 hours after notice of impoundment, it may be humanely euthanized or otherwise disposed of within the discretion of the animal shelter. (Ord. 6424 § 1, 2012.) 6.01.100 Mandatory microchip /spay /neuter for impounded dogs and cats — Exception. A. No unaltered un- microchipped impounded dog or cat that is has previously been impounded more than once in anywithin the preceeeding 12 24 -month period may be redeemed by any person until the animal is spayed or neuteredmicrochipped pursuant to an order of the animal control officer directing the microchipping. The alteration microchipping shall be accomplished by the shelter or by any duly licensed veterinarian. In all cases, the veterinarian fees and costs shall be paid at the time of redemption by the animal's owner or person redeeming the animal. B. No unaltered impounded dog or cat that has previously been impounded twice within the preceeding 24 -month period may be redeemed by any person until the animal is spayed or neutered pursuant to an order of the animal control officer directing the alteration. The alteration shall be accomplished by the shelter or by any duly licensed veterinarian. In all cases, the veterinarian fees and costs shall be paid at the time of redemption by the animal's owner or person redeeming the animal. DI.A Page54of73 C. Exceptions to mandatory microchipping or alteration. The alteration shall not be required upon a showing of proof of alteration from a licensed veterinarian. The microchipping or alteration shall not be required if the owner or other person redeeming the animal provides a written statement from a licensed veterinarian stating that and explaining why the microchip, spay or neuter procedure would be harmful to the animal. D. Appeal of order for microchipping or alteration. If the owner of the animal objects to the order directing microchipping or alteration of the animal, the owner may submit a written appeal of the order within 72 hours of notice of the impound, which appeal shall be heard by the police chief or designee. The owner shall, at the same time, pay $100.00 as a non - refundable appeal fee, and shall post a cash deposit of $250.00 to cover the additional costs of impound; and Further Provided that, regardless of the outcome of the appeal, the owner shall be responsible for the costs of impounding and any resulting microchipping and /or alteration. The decision of the police chief or designee on the appeal shall be final, unless the owner seeks injunctive relief from the King County Superior Court. (Ord. 6424 § 1, 2012.) DI.A Page55of73 DI.0 AuBuRN ITY OF � \VASH E NGTo Agenda Subject: Cemetery Update Department: Parks, Arts & Recreation AGENDA BILL APPROVAL FORM Attachments: Working Capital Balance Sheet I nterments Administrative Recommendation: For committee review and discussion. Date: August 5, 2014 Budget Impact: $0 Background Summary: The Cemetery ended the second quarter of 2014 with an operating loss of $27,980 compared to an operating loss of $3,089 for the previous year. Year -to -date interments total 116 (54 burials, 62 cremations) compared to 109 (55 burials, 54 cremations) in 2013. Reviewed by Council Committees: Municipal Services Councilmember: Peloza Meeting Date: August 11, 2014 Staff: Faber Item Number: DI.0 AUBURN * MORE THAN YOU IMAGINED Page 56 of 73 City of Auburn Working Capital Statement Fund 436 - Cemetery June 2014 BUDGET YEAR -TO -DATE VARIANCE TO PERCENT OF ACTUAL BUDGET BUDGET Lot Sales 330,000 153,378 176,623 46.5% Openings & Closings 200,000 103,391 96,609 51.7% Marker Sales 144,000 94,581 49,419 65.7% Other (settings, liners, vases, etc) 182,000 104,970 77,030 57.7% Total Operating Revenue 856,000 456,319 399,681 53.3% Salaries & Wages 393,172 203,920 189,253 51.9% Benefits 202,220 95,269 106,950 47.1% Supplies 191,300 76,557 114,743 40.0% Other Service Charges 78,030 34,348 43,682 44.0% Interfund Charges for Services 104,400 47,198 57,202 45.2% Depreciation 62,400 27,006 35,394 43.3% Total Operating Expenses 1,031,522 484,299 547,223 46.9% Operating Income or Loss (175,522) (27,980) (147,542) 15.9% Miscellaneous Revenue 210 1,832 (1,622) 872.2% Debt Service Interest 22,267 11,134 11,133 50.0% Total Non - operating Revenues (Expenses) (22,057) (9,302) (12,755) 42.2% Net Income or (Loss) (197,579) (37,282) (160,297) 18.9% Depreciation 62,400 27,006 35,394 43.3% Total Items Not Effecting Working Capital 62,400 27,006 35,394 43.3% Net Working Capital from Operations (135,179) (10,276) (124,903) 7.6% Operating Transfers In 320,000 0 320,000 0.0% Total Resources Other Than Operations 320,000 0 320,000 0.0% Total Uses Other Than Operations 0 0 0 0.0% Net Change in Working Capital 184,821 (10,276) 195,097 -5.6% Working Capital, Beginning of Year 58,852 261,934 (203,082) 445.1% Working Capital, End of Period 243,673 251,658 (7,985) 103.3% Net Change in Working Capital 184,821 (10,276) 195,097 -5.6% DI.0 Page57of73 City of Auburn Balance Sheet Fund 436 - Cemetery As of June 30, 2014 Cash and Cash Equivalents 286,239 Inventories 13,365 Fixed Assets, Land 342,836 Fixed Assets, Building & Equipment 1,022,267 Fixed Assets, Improvements 1,143,417 Fixed Assets, Accumulated Depreciation (1,390,394) 1,417,730 Current Account Payables Long Term GO Bonds Payable Employee Leave Benefits Contributed Capital Retained Earnings 47,946 500,528 17,656 566,130 739,169 112,431 851,600 1,417,730 DI.0 Page58of73 DI.0 City of Auburn Interments Fund 436 - Cemetery June 30, 2014 2012 2013 2014 January 21 18 18 February 17 14 24 March 21 26 19 April 18 12 16 May 21 18 22 June 20 21 17 July 24 25 August 28 21 September 17 17 October 21 17 November 27 15 December 16 22 Total 251 226 116 January-June Only 118 109 116 Page 59 of 73 DI.D AuBuRN ITY Cdr • \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: Date: Pet Licensing Program /AVHS Board Review August 5, 2014 Department: Attachments: Budget Impact: Finance Sales& Revenue $0 Apr -June Licensing Summary Administrative Recommendation: For review and discussion only. Background Summary: For committee review and discussion. Reviewed by Council Committees: Municipal Services Councilmember: Peloza Staff: Coleman Meeting Date: August 11, 2014 Item Number: DI.D AUBURN * MORE THAN YOU IMAGINED Page 60 of 73 CITY OF AUBURN PET LICENSING JUNE 2014 900 800 v 700 a a 600 u 5 500 u 0 400 300 2 200 100 0 Pet Licenses Issued By Month 2014 vs 2013 t6 L- O Q G Q Month V 0 0 z V O1 0 2014 Licenses Issued —�— 2013 Licenses Issued 2014 Budget Goal: $240,000 or more Year -to -Date Revenue 2014 (through June) = $76,930 Year -to -Date Licenses 2014 (through June) = 3,063 Year -to -Date Licenses 2013 (through June) = 2,619 $14,000 $12,000 $10,000 $8,000 $6,000 $4,000 $2,000 $0 Pet Licensing Revenue By Month 2014 06 O▪ 1 • fl.. t6 N v 0 N - LJ_ Q -, Q kz, 0 z 0 Month 2014 License Revenue CITY OF AUBURN PET LICENSING JUNE 2014 Cumulative Pet Licensing Revenue & Licenses Issued 2014 vs 2013 $250,000 - 12,000 $200,000 - w c $150,000 - d w J • $100,000 - $50,000 - $0 C SD t6 O1 u... o a co Month Q v V U o "' 0 z 2014 License Revenue (L) 2014 License Revenue (L) 10,000 (Budget Goal: $240,000) - 8,000 - 6,000 - 4,000 - 2,000 0 Number of Licenses Issued 2014 Licenses Issued (R) ♦— 2013 Licenses Issued (R) DI.D Page62of73 Clinic Name U PetData Corporate 00 L() O a) ER O 00 L() N N ER O 00 O to- LO O 00 O to- o o O to- CO O L() L() CO ER 0 o O 0 0 co ER PETDATA MAIL r O O O ER N 0 O r) to- o o O O to- • p p CS pp F9 • p p cAS p F9 N pp F9 O 0 - O O N ER - O 0 N ER PETDATA ONLINE LICENSES • p t\ p F9 • p F9 Subtotal PetData Corporate Municipal Locations 0 0 O to- p F9 r O O L() to- - O O O to- LO O L() ER - O O O 0 ER AUB800 CITY HALL p F9 h p F9 p F9 • p Ip p F9 • p F9 Subtotal Munic as /Locations Veterinary & Other Locations 0 0 O to- o o O O to- 1.6 ER N 0 L() to- o o O to- o o O to- o o O ER ✓ O O ✓ O O O r) to- o 00 to- o GREEN RIVER VETERINARY Hi p F9 p F9 N pp F9 Subtotal Veterinary & Other Locations p F9 p F9 p F9 p o O O co 0 to- CV 00 O ER 00 O O O ER O L() O ER N O N O O O r) to- CO O T 0 O O L() N 0 CO ER N o 0 O N ER TOTAL REGISTRATIONS TOTAL REVENUE Page 63 of 73 05/14/14 15:45:12 a) U X W a) O Ja) LL a▪ ) E a) U as a) cc 0 0 as in L • CAM E 0 L co L W' W •2 v J a Clinic Name U PetData Corporate O 00 O to- LT) 0 L() N N ER O 00 O to- CO o o to- O Lo 0 L() CO a) O o O O to- o o to- O N 0 O O r) to- ITS N p � Q F9 • p F9 p F9 p PETDATA MAIL 0 0 0) CO PETDATA ONLINE LICENSES 0 0) CO Subtotal PetData Corporate Municipal Locations O 00 O to- p F9 (h O L() ER M Q F9 O o O to- p F9 CO 0 L() L() L() AUB800 CITY HALL Subtotal Munic as /Locations M 0 O (0 L() to- co 00 L() ER O O O O to- 1.6 (O T 0 N O L() a) ER CO O T 0 N 0 • O co to- TOTAL REGISTRATIONS TOTAL REVENUE Page 64 of 73 06/12/14 12:45:17 Clinic Name U PetData Corporate 00 L() to- O 0 O to- O 0 O to- ( O E CS pp F9 o o O to- to- o o O O to- LO O L() to- o o O ER p F9 h p F9 p F9 • p np PETDATA MAIL PETDATA ONLINE LICENSES Subtotal PetData Corporate Municipal Locations 0 0 O to- to- co O L() ER p F9 p F9 F9 I"- O O O ER LO 0 L() N N ER N 0 O a) ER Q F9 N F9 O O N ER AUB800 CITY HALL Subtotal Munic as /Locations Veterinary & Other Locations 0 0 O to- o o O to- o 00 O to- OD 0 O O O to- o o O to- o o O to- o o O to- o o O to- OD 0 to- O o 00 O ER GREEN RIVER VETERINARY Hi p F9 p F9 CS pp F9 M p F9 p F9 p F9 p F9 p M p p F9 Subtotal Veterinary & Other Locations N O O O r) ER M 00 L() ER I� O O O to- 0 O O O a) ER O O O O ER N O O O ER o N 0 • O to- TOTAL REGISTRATIONS TOTAL REVENUE Page 65 of 73 07/10/14 17:25:27 AuBuRN ITY Cdr • \VASH E NGTo AGENDA BILL APPROVAL FORM DI.E Agenda Subject: Date: 200 -62 Vacation Leave Policy Revision August 1, 2014 Department: Attachments: Budget Impact: Human Resources 200 -62 Vacation Leave0714 $0 Ordinance No. 6527 Administrative Recommendation: For City Council to approve the Mayor to authorize implementation of Policy 200 -62. Background Summary: The purpose of this discussion is to include the Mayor into Policy 200 -62 "Vacation Leave" to be eligible to use management leave, which is currently available to department heads and other exempt staff. Reviewed by Council Committees: Municipal Services Councilmember: Peloza Staff: Roscoe Meeting Date: August 11, 2014 Item Number: DI.E AUBURN * MORE THAN YOU IMAGINED Page 66 of 73 WASHINGTON ADMINISTRATIVE POLICY AND PROCEDURE TITLE: VACATION & MANAGEMENT LEAVE SUBJECT: HUMAN RESOURCES INDEX NUMBER: 200 -62 EFFECTIVE DATE 1 086/01/14 SUPERSEDES 06/01/1411/25/13 PAGE 1 OF 3 PREPARED BY: Rob Roscoe MAYOR'S APPROVAL 1.0 PURPOSE To establish the policy regarding vacation leave and management leave accrual and usage. 2.0 ORGANIZATIONS AFFECTED All departments /divisions 3.0 REFERENCES City Ordinances 4320 and 3760 and City Code 2.63.060 -155 City Administrative Policy and Procedures 200 -24 and #200 -60, and #200 -61 WAC 296- 128 -532 and WAC 296- 128 -533 4.0 POLICY Annual paid vacation leave shall be granted to all regular, full -time employees and, on a pro -rata basis, to regular, part -time employees working twenty (20) hours or more per week. 4.1 Vacation leave shall accrue beginning on the date of hire. Full -time employees shall accrue vacation leave according to the following schedule: Upon hire through 4 years Beginning of 5th year through 9 years Beginning of 10th year through 14 years Beginning of 15th year through 19 years Beginning of 20th year + years 96 hours per year 120 hours per year 144 hours per year 160 hours per year 176 hours per year Upon date of hire, Department Heads' vacation accrual rate will be thirteen and one third (13.33) hours for each full month of employment (equivalent to twenty (20) days per year). 4.2 An employee may accumulate vacation leave up to what would be earned in two (2) years at the employee's current annual accrual rate. Any vacation leave accrued in excess of this amount will be lost unless used during the pay period earned, except if the Human Resources Director approves a request from the Department Head that indicates vacation could not be taken due to operational necessity. The request should indicate when the employee will be scheduled to take such leave. This continued accrual is maintained by Payroll and will not show on the pay stub. 4.3 Accrued vacation leave may not be used, except for covering one (1) hour of a nine (9) hour holiday, until an employee has completed three (3) months of employment. Upon completion of three (3) months of employment, vacation usage may not exceed the leave DI.E Page67of73 ADMINISTRATIVE TITLE: VACATION & MANAGEMENT INDEX NO: PAGE POLICY AND PROCEDURE LEAVE 200 -62 2 OF 3 balance that will be available at the end of the pay period in which the vacation is being taken. 4.4 Employees who leave City employment within the first three (3) months of hire date will not be entitled to payment for any accrued vacation leave. Employees who leave City employment thereafter shall be paid for all accrued vacation leave as part of their final paycheck. 4.5 The Mayor and Department Heads will be allowed to "cash -out" up to eighty (80) hours of accrued vacation per year, and may elect to receive the money or place it in their deferred compensation account. Assistant Directors will be allowed to "cash -out" up to sixty (60) hours of accrued vacation , and may elect to receive the money or place it in their deferred compensation account (See paragraph 5 below). Assistant Directors, for the purpose of this policy, shall be defined as all employees that are in the N12 pay grade, including the Assistant Chief of Police. 4.6 Unaffiliated, exempt (non- overtime eligible) employees shall also be given management leave, which shall be non - accruable hours to be used within the calendar year that is credited to the employee's management leave bank to compensate for the amount of hours worked during the year. Management leave may not be "rolled over" from one year to the next. Any leave remaining at the end of the calendar year will be automatically deleted from the employee's leave bank. Management leave may not be cashed out at the end of the year, or at the time of separation from employment with the City. 4.7 The Mayor and Department Heads shall be given a management leave bank of eighty (80) non - accruable hours; Assistant Directors shall be given a management leave bank of sixty (60) non - accruable hours; and all other unaffiliated, exempt employees shall receive forty (40) non - accruable hours. An eligible exempt employee shall receive his /her entire amount of management leave in his /her leave bank on January 1 of each year. An employee covered by this policy will be granted management leave on his /her appointment date into an exempt position, prorated based on the number of pay periods remaining in the year. Management leave may be used with supervisor approval immediately upon the date of appointment into an unaffiliated, exempt position. 4.8 Within sixty (60) days from the date that the Mayor approves this policy, the City will undertake a one -time review of eligible employees for the purpose of determining the prorated management leave for calendar year 2014 in order to comply with the intent of this policy. Additional management leave may be granted to Department Heads at the discretion of the Mayor. 4.9 The minimum increment in which vacation and management leave may be taken is one - half (.5) hour. 4.10 Vacation time and /or management leave time is subject to the approval of the supervisor or Department Head at the convenience of the City, but every effort will be made to accommodate employees' requests. Any conflict among employee requests will be resolved on the basis of request date and department staffing requirements. DI.E Page68of73 ADMINISTRATIVE TITLE: VACATION & MANAGEMENT INDEX NO: PAGE POLICY AND PROCEDURE LEAVE 200 -62 2 OF 3 5.0 PROCEDURE The Mayor, Department Heads and /or Assistant Directors will notify the Finance Department (Payroll) in writing (email is appropriate) the month prior to the desired month for the "cash -out" the number of hours of accrued vacation they wish to "cash- out ". Payroll will apply the "cash -out" to the first pay period of the month (i.e. the check received on the 23rd of the month). 6.0 RESPONSIBILITIES 6.1 Supervisors are responsible for: a. Approving vacation leave /management leave in advance of the absence. b. Ensuring vacation leave does not exceed accrued vacation leave and is appropriately recorded on the timecard. 6.2 Employees are responsible for: a. Requesting vacation leave /management leave in advance of the absence. b. Ensuring requested vacation does not exceed accrued vacation c. Correctly recording all vacation leave /management leave usages on his /her timecard. DI.E Page 69 of 73 ORDINANCE NO. 6527 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, INCLUDING THE MAYOR IN THE CITIES MANAGEMENT LEAVE PROGRAM WHEREAS, the Administrative Policies and Procedures of the City include provisions whereby certain management and exempt employees receive Management Leave, supplemental to vacation, consistent with administrative policy and procedure number 200 -62; and WHEREAS, one of the factors that was considered developing the City's Management Leave program was to acknowledge that the jobs of certain employees include the need to work longer than a traditional workday - staying after the close of business for evening meetings, attending functions and hearings outside of City Hall and other commitments that entail additional time; and WHEREAS, these provisions do not currently include the Mayor as a recipient of such Management Leave; and WHEREAS, in keeping with the management role and responsibilities of the Mayor, it is appropriate that the Mayor be included in the management leave program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows Section 1. The Mayor shall be included among the recipients of Management Leave in accordance with the Management Leave available to Department Directors, consistent with the amendments to administrative policy and procedure number 200 -62, copy of which is attached hereto, marked as Exhibit "A" and Incorporated herein by this reference. Ordinance No. XXXX July 31, 2014 DI.E Page 1 of 2 Page 70of73 Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. 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 4. 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: NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney PUBLISHED: Ordinance No. XXXX July 31, 2014 DI.E Page 2 of 2 Page 71 of 73 DI.F AuBuRN ITY Cdr • \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: Date: Project Matrix August 7, 2014 Department: Attachments: Budget Impact: Police Project Matrix $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember: Peloza Staff: Meeting Date: August 11, 2014 Item Number: DI.F AUBURN * MORE THAN YOU IMAGINED Page 72 of 73 MUNICIPAL SERVICES COMMITTEE PROJECT - GOAL MATRIX NO. PROJECT DESCRIPTION LEAD COST REVIEW DATE EST. COMPL. STATUS DATE Suspended until further notice. Quarterly Reports: Jan (Prey Oct -Dec); Apr (Prey Jan - Mar); Jul (Prey Apr- June); Oct (Prey July -Sept) 1st meeting of the month. provided monthly to the committee for tracking purposes of License sales for measuring the removal of the rabies requirement. The Council Operations Committee /MIT met on 3/18/14. MIT confirmed same fireworks policies as 2013. MIT will pre- announce vendor demonstrations. Review for 2015 rates in November 2014. Quarterly Reports: Jan (Prey Oct -Dec); Apr (Prey Jan - Mar); Jul (Prey Apr- June); Oct (Prey July -Sept) 2nd Quarterly update to review Marketing Plan. 2nd meeting of the month. NO. ITEM OF INTEREST Review City Code (ACC 8.18) regarding Shopping Carts. 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. Quarterly Reports: Jan (Prey Oct -Dec); Apr (Prey Jan- 1 Mar); Jul (Prey Apr- June); Oct (Prey July -Sept) 2nd Review street sweeping program in 6 months. Review auto theft statistics every 6 months. Last Revision Date: 8/4/14 E:\ AGENDA\ MunicipalServicesPaperlessPacket \2014 \15 - August 11 \Resources \Matrix 08- 04- 14.xls 0) c o c O 0) c 'o c O 0) c 'o c 0 0 m v o c0 o v o w 7/28/2014 11/24/2014 0 m 8/11/2014 8/11/2014 2/10/2015 7/28/2014 v o CN co o 8/25/2014 Bob Lee Bob Lee Shelley Coleman Bob Lee Shelley Coleman Daryl Faber Daryl Faber Randy Bailey 7 c 0 0 Shelley Coleman Randy Bailey Bob Lee Red Light Photo Enforcement Animal Control and Rescue AVHS Board Review and Animal Control Licensing Program Fireworks Update Solid Waste Rate Review Golf Course & Restaurant Review Cemetery Update Shopping Cart Update Ordinance No. 6398 - Pull Tabs SCORE Jail Stats Street Sweeping Schedule Auto Thefts O o N N op N N M co , � c Page 73 of 73 LL 0