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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/01/2015 i IY ® WAS HINGTGN Kent City Council Meeting Minutes September 1, 2015 The regular meeting of the Kent City Council was called to order at 7:01 p.m. by Mayor Cooke. Councilmembers present: Ralph, Berries, Boyce, Fincher, Higgins and Thomas. CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF. Chief Administrative Officer Matheson communicated that the document on the dais replaces item 70 in the Council packet. He also communicated that the agenda provided to the public has a bid award listed under item 9 and there is no bid award. PUBLIC COMMUNICATIONS A. Historical Note from Kent's 125th Anniversary - Eileen Yamada-Lamphere, on behalf of the Greater Kent Historical Society, discussed the history of the Japanese community in the City of Kent. She paid particular attention to the internment camps of the WWII era and what has transpired in the City since the conclusion of the war. Council President Ralph noted that the presentation "Growing Up Behind Barbed Wire" by Amy and Lilly Kato is one of the most moving things she has ever seen. She noted that both individuals are very active residents who returned to Kent after the war. B. Public Recognition - Mayor Cooke communicated that the City's Employee of the Month is John Johnson in the Public Works Department. Council President Ralph noted that August was a difficult month for first responders in Washington, especially for firefighters. She noted that a City employee lost their brother while fighting fires. She thanked first responders for all that they do. C. Proclamation for National Recovery Month - Mayor Cooke read and presented the proclamation for National Recovery Month to Mike Heinisch, Executive Director, Kent Youth and Family Services. Heinisch thanked the Mayor and Council. D. Community Events - Councilmember Fincher communicated that National Public Lands Day will take place at Burlington Green Park on September 26, the "Releaf' at Clark Lake Park event will be October 10, the Arbor Day event at Riverview Park is October 17, and the 4th Annual Green Kent Day will be October 26 at the Green River Natural Resource Area. Council President Ralph congratulated the Seattle Mist for winning their league championship. She noted that ShoWare Center events include the Seattle Rock-a-Thon on September 15, Frankie Beverly featuring Maze on September 19, the Ringling Brothers, Barnum, and Bailey Circus from September 24 - 27, the Seattle Thunderbirds season opener on October 3, and the sold out Scorpions with Queensryche concert on October 9. I Kent City Council Meeting Minutes Mayor Cooke said the King County Library has classes for people looking for jobs, English classes, provides assistance to people working to obtain their citizenship, and conducts other excellent programs and classes. She noted that there is a gently used book selling event on October 18 - 20 at the library with the proceeds from the sale going to assist programs for children and teens. Mayor Cooke also noted that the event with Amy and Lilly Kato, as was previously announced, is also that weekend. E. Economic and Community Development Report - Ben Wolters, Economic and Community Development Director stated that there has been a public outreach program leading to a workshop on September 10 called, "Meet me on Meeker Street." The workshop involves staff and a consultant that will present a new picture of what the Meeker Street corridor can look like through a "complete street" emphasis. The goal of the program is to develop a unified, high-level vision for Meeker Street, and create an urban design plan for grant funding opportunities. He also noted that the overpass on Meeker Street was power washed and cleaned up. Wolters highlighted Workforce Development and that the City has been working to facilitate partnerships and reach out to employers to enhance the workforce in the City. He discussed the King County "Outside the Bus" program and the City's "Grow Transit Options in the Valley" plan to address alternative transportation needs for Kent employers. Continuing, he announced that the City has found a partner interested in doing the environmental study to clean the Brownfield property. Wolters communicated that the Centerpointe property has a vacancy rate higher than what the City would like, and are exploring the idea of putting a hotel in the parking lot to draw business. He reported on the first Kent Valley Warehouse Sale and announced that the businesses liked what happened that day. Mayor Cooke communicated that the next warehouse sale event will be September 25 - 26. Wolters noted that the sales tax derived from this event is good for the City revenues. Continuing, he noted that the East Hill former Tops location is still for sale, and the City is actively pursuing reinvestment on this site. F. Intergovernmental Reports - Council President Ralph highlighted that the regional committees are on break and there are no reports. PUBLIC HEARING None. PUBLIC COMMENT 1. Nancy Simpson, Kent - Simpson communicated that she is here to invite the Council to the Greater Kent Historical Museum annual fundraising event. She noted that Steve Edmondson will be speaking at the fundraiser. 2. Toni Troutner, Kent - Troutner stated that she is very excited about and highlighted the advantages of having a Kent YMCA. She stated that she worked for the YMCA and looks forward to what the YMCA brings to the City. 2 I Kent City Council Meeting Minutes 3. Jacob Dreyfus, Kent - Dreyfus communicated that he is concerned about the Green River Levee Improvement Project. He said at the last Council meeting there were many concerns expressed from residents. He stated that the Council did a great job in allowing the residents an opportunity to speak, but King County and FEMA did not. He expressed concerns with the devaluation of their homes and felt there are more cons to the project than pros. 4. Russell Everly, Kent - Everly thanked the Council for their work on the Comprehensive Plan and pointed out that Charlene Anderson, Assistant Planning Manager and her staff did a great job putting the plan together. He noted that his neighborhood is affected by the plan, and he is pleased with the revisions. He again thanked the Council for their hard work. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through Q, seconded by Councilmember Thomas. Motion carried 6-0. A. Approval of the Minutes - Approve. The minutes of the workshop and council meeting of August 18 were approved. B. Approval of Bills - Approve. Bills received through July 31 and paid on July 15 and July 31 after auditing by the Operations Committee on August 18, 2015 were approved. C. Excused Absence for Councilmember Deborah Ranniger - Approve. The council was authorized to approve an excused absence for Councilmember Ranniger as she is unable to attend the City Council meeting of September 1, 2015. D. Consultant Services Agreement with GEI for Construction Support for Briscoe-Desimone Reach 4 - Authorize. The Mayor was authorized to sign a consultant services agreement with GEI Consultants, Inc. in an amount not to exceed $47,688 to provide engineering services for the Briscoe-Desimone Levee Reach 4 project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Consultant Services Agreement with GeoEngineers for Construction Support for Briscoe-Desimone Reach 4 - Authorize. The Mayor was authorized to sign a consultant services agreement with GeoEngineers, Inc. in an amount not to exceed $57,541 to provide engineering services for the Briscoe-Desimone Levee Reach 4 project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. Consultant Services Agreement with AECOM for Upper Mill Creek Dam Improvements - Authorize. The council was authorized to sign a consultant services agreement with AECOM in an amount not to exceed $64,127.56 to provide additional design services related to the Upper Mill Creek Dam Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 3 Kent City Council Meeting Minutes G. Levee Facility Construction and Maintenance Agreement with the Union Pacific Railroad for Milwaukee II Levee — Authorize. The Mayor was authorized to sign the Levee Facility Construction and Maintenance Agreement with the Union Pacific Railroad for the Milwaukee II Levee, subject to terms and conditions acceptable to the City Attorney and Public Works Director. H. Transportation Improvement Board — Grant Applications — Authorize. The Mayor was authorized to direct staff to complete Transportation Improvement Board grant applications for the 80th Avenue Improvements, S. 180t" Street to S. 196th Street, and James Street Non-Motorized Improvements, Lakeside Boulevard to the Green River Trail. I. 260t" Lane short Plat Bill of Sale - Accent. The council was authorized to accept the Bill of Sale for the 260th Lane Short Plat street improvement. J. Evidence Room Custodian Position— Approve. The Mayor was authorized to use funds budgeted for four unfilled part-time positions in the police cadet program to cover the cost to hire a new evidence custodian, and add that position to the City's approved classification/position list at the salary range of AF23. K. Accountant Position Title — Approve. The Mayor was authorized to create an Accountant position title and add such position to the City's approved classification/position list at the salary range of AF34. L. 2016 Mid-Biennium Budget Adjustment — Set Hearing Date. (No action required) M. 2016-2021 Capital Improvement Plan — Set First Public Hearing Date, No action required) N. 2015 Second Quarter Fee-in-Lieu Funds — Accept. $28,500 for fee-in-lieu funds and amend the Community Parks Reinvestment Program budget for future expenditures in the Linda Heights Park and Kent Memorial Park budgets were accepted. O. Ordinance Amending Kent City Code Chapter 8.03, Animal Control — Adopt. Ordinance No. 4162 that amends Chapter 8.03 of the Kent City Code to enact dog leash and waste removal provisions, to clarify enforcement may be by both police officers and animal control officers, and to clarify that the City has contracted with King County Animal Control for animal control, sheltering, and licensing services within the City of Kent was adopted. P. Comprehensive Plan Update, Ordinances (4) — Adopt. Ordinances Nos. 4163 through 4166, pertaining to the comprehensive plan update, to include amending the City's comprehensive plan text, goals, and policies; amending certain Land Use Plan and Zoning District map designations; and amending development regulations in the Kent City Code to implement the comprehensive plan update, as recommended by the Economic and Community Development Committee were adopted. 4 Kent City Council Meeting Minutes Q. Fire Impact Fee, Ordinance and Interlocal Agreement - Adopt and Authorize. Ordinance No. 4167, amending Title 12 of the Kent City Code by adding a new Chapter 12.15, entitled "Fire Impact Fees" was adopted, authorizing the Mayor to sign the interlocal agreement between the City and Kent Fire Department Regional Fire Authority for the purposes of setting forth the duties and responsibilities of the parties with regard to the fire impact fee program, subject to final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. OTHER BUSINESS None. BIDS None. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. - Council President Ralph communicated that there was a presentation in the workshop from the King County Assessor's office concerning their new mapping tool. She noted that the final three items were all finance related, and the City is making some significant strides when it comes to lowering the City's debt. She highlighted that the sales tax and revenues information was positive. She noted that the first conversation concerning the budget will be on September 29 at a special Council meeting where the Mayor will present her budget. B. Mayor. - Mayor Cooke communicated that she attended the Association of Washington Cities (AWC) retreat. She thanked the Council and the staff for their assistance in bringing a greater understanding to the education needs here in Kent. She also pointed out that she is a part of the group that will review the King County Metro transit services plan. Their task will be to work on ways to accommodate those who need alternative transportation services. C. Chief Administrative Officer. - Chief Administrative Officer Derek Matheson communicated that the Chief Administrative Officer Report is in the packet. He added that the City is working on a consultant services agreement with Karras Consulting to fill the vacant Human Resource Director position. Karras Consulting was used by the City to hire both Finance Director Aaron BeMiller and himself. He noted that the position should be filled by the end of this year or the beginning of next year. He added that there is no executive session. D. Economic & Community Development Committee. - No report, E. Operations Committee. - In the minutes. G. Parks and Human Services Committee. - Councilmember Fincher communicated that animal control services code and services agreement with King County was reviewed. She noted that the leash and scoop laws were passed 5 Kent City Council Meeting Minutes unanimously through the Committee and it was adopted in tonight's consent agenda. She announced that the Parks Department is opening a "Do It Yourself' website. G. Public Safety Committee. — No report. H. Public Works Committee. — No report. Councilmember Higgins announced that there was a lot of work done on the Comprehensive Plan update, which was adopted in the consent calendar. He noted that it is done every six years in a City's history and thanked the community for attending all the Land Use and Planning Board meetings and being a part of the process. He noted that this is a needed and necessary process to build a better Kent. He also communicated that the Fire Impact Fee for the Regional Fire Authority was adopted in the consent calendar and it is a significant milestone. Impact fees, he noted, are assessed because Kent is growing and are needed to build a more robust fire department to handle a bigger City. He stated that the fees can be fine-tuned in the future, and there can be deferrals until occupancy of a new building. He thanked the City staff and those at the Regional Fire Authority who worked on the fees. Council President Ralph noted that this item has had many, many hours spent on it, and work on implementing any deferment of the fees will be started immediately. I. Regional Fire Authority. — No meetings in August. However, there is a meeting tomorrow September 2 at 5:30 p.m. at Station #78 EXECUTIVE SESSION None. ACTION AFTER EXECUTIVE SESSION None. Mayor Cooke highlighted that school is in session and urged all children and drivers to be careful. She also noted that the school zone cameras are up and running. ADJOURNMENT The meeting adjourned at 8:20 p.m. _ 1 11 ° le ,f Ronald F oore,/MMC City Clerk 6 I • '0T Public Comment Sign Up Sheet For the Kent City Council Meeting of: NAME Street Address Email Address Topic # Jane Doe 1234 Main Street, jdoe@hotmail.com Comprehensive Kent, WA 98032 Plan 1 2 ohs rCU-I'ncr Ke A 3 da b Dre1 u5 1 1��$ �s e Ds�-/9-»tE3® �V 1e,15 4 v 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NTT xNt � Agenda Item: Consent Calendar - 70 :.r0n TO: City Council DATE: September 1, 2015 SUBJECT: Ordinance Amending Kent City Code Chapter 8.03, Animal Control - Adopt MOTION: Adopt Ordinances No. that amends Chapter 8.03 of the Kent City Code to enact dog leash and waste removal provisions, to clarify enforcement may be by both police officers and animal control officers, and to clarify that the City has contracted with King County Animal Control for animal control, sheltering, and licensing services within the City of Kent. SUMMARY: This item was addressed before the Parks Committee at its July 24th and August 27th meetings. The version of the ordinance handed out at tonight's Council Meeting is the version unanimously adopted by the Committee at its meeting last week. This version differs from the version included within your original Council packet, which was compiled prior to Committee action. Also attached is an updated chart that compares Kent's proposed ordinance with those provisions in effect in the cities of Auburn, Bellevue, Everett, Renton, Federal Way, Kirkland, Vancouver, Puyallup, Issaquah, Redmond, and Des Moines. After reviewing the comparisons, it was recommended that the ordinance proposed to Council be revised to make it unlawful to fail to immediately remove any fecal matter deposited by an animal in its possession on public property or private property not belonging to the person having possession of the animal. The "unlawfulness" focuses on the failure to remove the fecal matter. Consistent with the City's current interlocal agreement with King County, the City repealed many of its local code provisions and adopted a number of provisions of Title 11 of the King County Code related to animal licensing, fees, penalties, enforcement, and sheltering. This ordinance also creates a local code provision that explicitly requires dogs to be on a leash when not within an authorized off-leash area or contained and controlled on private property. Adoption of this ordinance would allow enforcement either locally through the issuance of a ticket by Kent police officers or King County's animal control officers, or through King County's public nuisance code enforcement process. Finally, the ordinance more clearly defines the relationship between the City of Kent and King County in the provision of animal control, sheltering, and licensing services. EXHIBIT: 1) Ordinance 2) Agency Comparison Chart RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger, Higgins, Fincher NAY: BUDGET IMPACT: N/A ORDINANCE NO. AN ORDINANCE of the City Council of the city of Kent, Washington, amending Chapter 8.03 of the Kent City Code, entitled "Animal Control," to enact dog leash and waste removal provisions, to clarify the City's animal control provisions may be enforced by police officers or King County animal control officers, and to clarify that the city of Kent has contracted with King County for animal control, sheltering, and licensing services within the city of Kent. RECITALS A. Since July 1, 2010, the city of Kent and King County have been parties to an interlocal agreement through which King County provides regional animal control, sheltering, and licensing services for the city of Kent and other King County agencies. The current interlocal agreement is effective through December 31, 2017. B. The interlocal agreement requires that the city of Kent adopt an ordinance that includes animal license, fee, penalty, enforcement, sheltering, and impound and redemption provisions substantially the same as those provided for in Title 11 of the King County Code. Consistent with the interlocal agreement, the city of Kent adopted Ordinance No. 3979 on October 19, 2010, which repealed many provisions within Chapter 8.03 of 1 Amend Chapter 8.03 KCC— Animal Control the Kent City Code and adopted a number of provisions of Title 11 of the King County Code. C. Section 11.04.230 of the King County Code provides that a public nuisance includes "a dog running at large within the county." "Running at large" is then defined by the King County Code as a dog that is located off the owner's premises and not under control of the owner either by leash, verbal voice, or signal control. Under the existing version of the Kent City Code, the only enforcement of a "leash law" within the city of Kent is through a public nuisance action enforced by King County. There is no current means provided for a police officer to issue a civil infraction (a ticket) to a dog's owner if that dog is off leash and running at large in any place other than an authorized dog park or the owner's property. This ordinance creates a local code provision that explicitly requires dogs to be on a leash when not within an authorized off-leash area or contained and controlled on private property. Enforcement of this ordinance may be made locally by Kent police officers or by King County's animal control officers, both of whom may file infractions in Kent Municipal Court. In addition, King County may enforce a violation, other than of the waste removal provision, through its public nuisance code provisions. D. This ordinance also establishes an express requirement that any person who has custody or control of an animal must immediately remove any fecal matter deposited by that animal on public property or on private property not belonging to the animal's owner or other person having possession of the animal. Failure to comply with the ordinance is a violation that may be enforced through the issuance of a civil infraction filed with the Kent Municipal Court. _ E. Finally, the ordinance more clearly defines the relationship between the city of Kent and King County in the provision of animal control, sheltering, and licensing services. 2 Amend Chapter 8.03 KCC— Animal Control NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, i WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Chapter 8.03 of the Kent City Code, entitled "Animal Control," is amended as follows: Chapter 8.03 ANIMAL CONTROL Sec 8 03 010 Animal control authority. The city of Kent has contracted with King County and its Animal Control Section, Division of General Services, to provide animal control sheltering, and licensing services for the city of Kent That contract does not divest the city of its authority to independently enforce its code. As such, the provisions of this chapter may be enforced by law enforcement officers or by King County animal control officers, both of whom are hereby authorized to issue and file notices of infraction with the Kent Municipal Court as provided for in KCC 8 03 080 Additionally, for those violations of the King County Code that are adopted by reference for application and enforcement within the city of Kent, King County animal control officers may enforce those provisions in accordance with the King County Code. A copy of the Interlocal Agreement between the city of Kent and King County for animal control services is available for public examination in the City Clerk's Office. Sec. 8.03.020005. King County Code—eChapters adopted by reference. A. Chapters adopted. The following chapters of the King County Code, as currently enacted or hereafter amended or recodified, ist be'&�are adopted by reference for enforcement and application within the City of 3 Amend Chapter 8.03 KCC— Animal Control Kent and shall be given the same force and effect as if set forth herein in full, . .L%Juu�, and as they n9ay be angended . 'mess the ee„text indicates etherwise, "King County," "county," and "unincerperated King Geunty" mean the eit-7 1. King County Code, Chapter 11.04, entitled "Animal Care and Control Regulations," with the following exceptions: aD. All references made in King County Code Chapter 11.04 to Title 21A of the King County Code, which utilize establishes King County's zoning provisions and limits Title 21A'es-lingits for t the number of animals that may be kept in a dwelling units without the application of certain licensing requirements, shall be replaced with a reference to Kent City_ Code section KGG 15.08.070. b$. King County Code Section 11.04.010_fBj shall be read to provide that if there is a conflict between a provision of this-eChapter 11.04 of the King County Code and a provision of the Kent City Code, the provision of the Kent City Code shall control. C. with the exeeptien King County Code Section 11.04.240 regarding police department dogs,which is not adopted j because the City of Kent has adopted a similar provision at KCC 9.02.280. mn the Kent Gity Cede, and with the exceptien of the iterns in dG. King County Code Section 11.04.510 shall be read to provide that no person within the eCity of Kent shall publish or advertise to King County residents the availability of any unaltered cat or dog unless the publication or advertisement includes the unaltered animal's license number; provided, however, that nothing in this chapter shall prohibit licensed breeders from advertising in national publications for sale of a planned litter or litters. i 2. King County Code, Chapter 11.12, entitled "Rabies Control"; 4 Amend Chapter 8.03 KCC— Animal Control 3. King County Code, Chapter 11.20, entitled "Disposition of Fowl and Rabbits"; 4. King County Code, Chapter 11.24, entitled "Stock Restricted Area"; 5. King County Code, Chapter 11.28, entitled "Exotic Animals"; 6. King County Code, Chapter 11.32, entitled "Guard Dogs." B. Agency references. Unless the context requires otherwise, references to "King County," "county," and "unincorporated King County," in the King County provisions adopted by reference through KCC 8.03.020.A. shall be interpreted to mean the City of Kent. CE. Kinq County Code—Available for inspection. In the City Clerk's Office, tThe city shall maintain at all tinges available -for review by the general public one copy of the King County ECode provisions reams-adopted by reference in this chapter. The King County Code is also available online through King County's website at: www.kingcounty.gov. Sec. 8.03.030. Definitions. The following words, terms, and phrases as used in this chapter shall have the meanings ascribed to them in this section, unless a different meaning is_plainly required. For those King County Code provisions adopted through KCC 8.03.020.A., the words, terms, and phrases used in those King County Code provisions shall have the meanings ascribed to them by the King County Code. A. "Domesticated fowl" means any duck, goose, swan, chicken, or other fowl of similar size and character. B. "Large domesticated animal" means any horse, mule, ass, bovine animal, Iamb, goat, sheep, or other animal of similar size and character; provided, it shall not mean pigs or swine of any kind. 5 Amend Chapter 8.03 KCC— Animal Control 0 C. "Owner" means any person having an interest in or right of possession to an animal "Owner" also means any person having control, custody, or possession of any animal, or by reason of the animal being seen residing consistently at a location, to an extent such that the person could be presumed to be the owner. D. "Person" means any individual, firm business, association, partnership, corporation or other legal entity, public or private, however organized Because "person" shall include both human and non-human entities, any of the following pronouns may be used to describe a person: he, she, or it. E. "Person responsible for the violation" means any of the following: a person who has titled ownership or legal control of the property or structure that is subject to the regulation; an occupant or other person in control of the property or structure that is subject to the regulation; a developer, builder, business operator, or owner who is developing, building or operating a business on the property or in a structure that is subject to the regulation; or any person who created, caused, or has allowed the violation to occur. F. "Small domesticated animal" means any dog, cat, rabbit, or other animal of similar size and character. Included within this definition is a type of swine commonly known as Vietnamese, Chinese, or Asian potbelly pigs (Sus scrofa bittatus). G. "Under control" means a dog who is either under competent voice control or competent signal control, or both, so as to be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. Evidence that a bystander or other animal was approached by 6 Amend Chapter 8.03 KCC— Animal Control the dog, or evidence that the dog caused physical property damage, is prima facie evidence that the clog was not "under control." Sec. 8.03.040. Doas—Leash required. A Leash required It is unlawful for the owner of any dog to cause, permit, or allow such dog to roam, run, stray, or to be away from the premises of such owner and to be on any public place, or on any public property, or on the private property of another, unless such dog while away from the premises of the owner, is controlled by a leash, cord, or chain held or otherwise secured by the owner and of a length sufficient to restrain the dog from approaching any bystander or other animal, or from causing or being the cause of physical property damage when off the premises of the owner. A leash of eight (8) feet in length or smaller is presumed to be a leash of sufficient length for purposes of this section. A violation of this section may be enforced as provided for in KCC 8.03.080. B. Exceptions A leash is not required if the dog is: 1 Within an area of a park expressly designated as an off-leash area; or 2 won the premises of another with that owner or occupant's permission and the dog is secured or otherwise under control in a manner k that prevents it from roaming, running, or straying away from the premises; or 3 Under control and engaged in lawful obedience training, lawful hunting, lawful competition sanctioned by a nationally recognized body or a local chapter thereof, or lawful training in preparation for such hunting or competition: or I 4. Contained within a vehicle under circumstances that do not amount to a violation of another law; or 5 A working dog engaged in the herding of livestock or in sanctioned search and rescue activities; or 7 Amend Chapter 8.03 KCC— Animal Control 6 A law enforcement canine in the performance of the canine's duty or training. C. A violation of this section may be enforced as provided for in KCC 8 03 080 Alternatively, a dog running at large within the city of Kent is a public nuisance under the King County Code provisions adopted through KCC 8 03 020 A and may be enforced by King County animal control through the code enforcement provisions provided for in the King County Code. D. Impound and redemption. Any dog found roaming, running, straying, or being away from such premises and not on a leash as herein provided, may be impounded subject to redemption in the manner provided for by King County animal control. Sec 8.03.050. Animal waste—Removal required. It is unlawful for any person to fail to immediately remove fecal matter deposited by a dog or other animal in his or her possession on any public property, including without limitation, a park, sidewalk, trail, street, parking lot waterway, lake, pond, or landscaping, or on any private property that does not belong to the animal's owner, custodian, or other person having possession of the animal. A violation of this section may be enforced as provided for in KCC 8.03.080. Sec. 8.03.060G%. Compliance with local zonin a and health regulations. A. Zoning compliance. The applicant for an original animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop license shall, prior to issuance of such license, present to the animal control authority any required zoning permit from the city planning department. 8 Amend Chapter 8.03 KCC— Anima/ Control B. Health inspection. Before an animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop license may be issued by the animal control authority, a certificate of inspection from the Seattle-King County health department or King County animal control division must be issued showing that the animal shelter, kennel, grooming parlor, cattery, hobby kennel, or pet shop is in compliance with hygienic standards of this chapter or other applicable ordinances or regulations. Sec. 8.03.0702+G. Animal nuisances defined. Each of the following conditions unless otherwise permitted by law, is declared to constitute a public nuisance, subjecting the person responsible for the violation to the penalties provided for in KCC 8.03.080: section, vielatiens of this section are nuisances and shall include but not be 1-2. Maintaining large domesticated animals on lots of less than twenty thousand (20,000) square feet or in violation of KCC 15.08.070. 2-3. Maintaining more than three (3) small domesticated animals per business establishment or dwelling unit on lots of less than twenty thousand (20,000) square feet, or maintaining any small domesticated animal in violation of KCC 15.08.070; provided, this section shall not apply to a properly licensed business operating as a pet shop, veterinary clinic, or animal shelter to the extent that the animals maintained at the business are maintained for the purposes of conducting the business and not for the personal benefit of the owner, operator, or any employee or volunteer of such business. 34. Maintaining more than three (3) domesticated fowl on lots of less than five thousand (5,000) square feet, or maintaining any domesticated fowl in violation of KCC 15.08.070; provided, this section shall not apply to 9 Amend Chapter 8.03 KCC— Anima/ Control a properly licensed veterinary clinic to the extent that maintaining the domesticated fowl is necessary for the veterinary treatment of the domesticated fowl. Sec. 8.03.080. Violations and Enforcement—Penalties. Any violation of this chapter may be enforced as provided for in this section. In the alternative, any violation of a King County Code provision adopted in this chapter for application and enforcement within the City of Kent may be enforced by King County Animal Control as provided for within the King County Code. A Civil infraction. A person who violates any provision of this chapter may be issued a civil infraction as provided in this section, which shall be filed in the Kent Municipal Court and processed in the same manner as other infractions filed in the Kent Municipal Court. 1 Leash requirement—KCC 8,03.040. Fine amounts for violation of the leash requirement of KCC 8.03.040 shall be as follows: a. A first violation is a fine of $100; b. A second violation is a fine of $200: C. A third violation is a fine of $400; and d. A fourth or subsequent violation is a fine of $500. 2. Waste removal—KCC 8.03.050. Fine amounts for violation of the waste removal requirement of KCC 8.03.050 shall be as follows: a. A first violation is a class 4 civil infraction as set forth in RCW 7.80.120, as currently enacted or hereafter amended. As of the adoption date of this ordinance, this statutory fine amount is $25. b. A second violation is a class 3 civil infraction as set forth in RCW 7.80.120, as currently enacted or hereafter amended. As of the adoption date of this ordinance, this statutory fine amount is $50. C. A third or subsequent violation is a class 2 civil infraction as set forth in RCW 7.80.120, as currently enacted or hereafter 10 Amend Chapter 8.03 KCC— Anima/Control amended As of the adoption date of this ordinance, this statutory fine amount is $125. 3 All other violations. Except for leash and waste removal violations as noted above, any person who violates any provision of this chapter may be issued a class 2 civil infraction as set forth in RCW 7.80.120, as currently enacted or hereafter amended. As of the adoption date of this ordinance, this statutory fine amount is $125. B. Criminal offense—Leash requirement—Repeated violation. Except as otherwise specifically provided for within this section, a person who I knowingly commits a repeated violation of the leash requirement provided for in KCC 8.03.040 is guilty of .a misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.021(3) as now enacted or hereafter amended. 1 Repeated violation—Definition. For purposes of this section "repeated violation" means, as evidenced by a prior committed finding by the Kent Municipal Court of an infraction issued under this chapter, or a committed finding by King County's hearing examiner of a public nuisance under Title 11 of the King County Code, that the person charged has violated KCC 8 03.040 four (4) times within a one-year period. Therefore, on the fourth time a violation occurs within any one-year period, the person may be criminally charged for a 'repeated violation." SECTION 2. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and the same shall maintain its full force and effect. SECTION 3, - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section or subsection numbering; 11 Amend Chapter 8.03 KCC— Animal Control or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2015. APPROVED: day of 2015. PUBLISHED: day of_ , 2015. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. 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