HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 09/01/2015 i
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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.
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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.
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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.
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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.
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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
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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
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Public Comment Sign Up Sheet
For the Kent City Council Meeting of:
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Kent, WA 98032 Plan
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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
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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
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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. MOORE, CITY CLERK
P:\Civil\Ordinance\8.03 Animal Control.d-
12 Amend Chapter 8.03 KCC—
Animal Control
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