ORD 06-530ORDINANCE NO. 06 _S30
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTERS 4
AND 11 OF THE FEDERAL WAY CITY CODE TO
OFFICIALLY ALLOW DOGS IN THE OFF -LEASH AREA OF
FRENCH LAKE PARK AND INCREASE THE ALLOWABLE
LENGTH OF LEASHES WTHIN THE CITY LIMITS
(Amending Ordinance Nos. 90-30,91-82,92-153,01-396, and 05-
495)
WHEREAS, Chapter 4 of the Federal Way City Code (FWCC) currently prohibits
dogs from running at large within the City and limits the length of dog leashes to 15 feet within the
City and eight feet on City property within parks; and
WHEREAS, Ordinance No. 05 -495 was passed on July 5, 2005, amending Chapter 4
of the Federal Way City Code to allow an off- -leash area in French Lake Park for a trial basis for a 12
month period while the Parks Department updated the six -year Parks, Recreation and Open Space
Plan; and
WHEREAS, during the June 1, 2006, Parks, Recreation and Public Safety (PRPS)
Committee meeting, City Council members heard from several residents who currently use French
Lake Park to exercise their dogs, who want to invest their time and money for the maintenance of the
off -leash dog park, and who wanted a permanent designation as an off -leash dog park; and
WHEREAS, the information provided through the Stakeholder Group, surveys, and
open houses, as well as observations at French Lake Park shows that there is strong desire and need
for an off -leash dog park in Federal Way; and
ORD # 06- S 30 , PAGE 1
WHEREAS, the City Council finds that it is the best interest of the citizens to
establish French Lake Park as an official off -leash dog park; and
WHEREAS, Chapter 4 of FWCC currently prohibits, with a few exceptions, dogs
from being on a leash longer than 15 feet within the City limits; and
WHEREAS, Chapter 11 of FWCC currently prohibits dogs from being in public parks
with the exception of French Lake Park unless on a leash not to exceed eight feet; and
WHEREAS, a common type of leash used by citizens is a retractable leash; and
WHEREAS, in order to accommodate this type of leash, the City Council wishes to
amend the length of leashes allowed in Federal Way and in parks pursuant to the Federal Way City
Code; and
WHEREAS, the City Council finds that it is in the best interest of the citizens to
establish French Lake Park as an official off -leash dog park.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 4, Article V, Section 4 -1 of the Federal Way City Code is
amended as follows:
4 -1 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
ORD # -531 , PAGE 2
Abatement shall mean the termination of any violation by reasonable and lawful means
determined by the director of the animal control authority in order that a person or a person
presumed to be the owner shall comply with this chapter.
Animal shall mean any living creature except human beings, insects and worms.
Animal control authority shall mean the county animal control division, department of
general services, acting alone or in concert with other municipalities for enforcement of the
animal control laws of the county and city for the shelter and welfare of animals.
Animal control officer shall mean any individual employed, contracted or appointed by
the animal control authority for the purpose of aiding in the enforcement of this chapter or any
other law or ordinance relating to the impoundment of animals, and includes any state or
municipal peace officer, sheriff, constable or other employee whose duties in whole or in part
include assignments which involve the seizure and taking into custody of any animal.
Animal rescuer means any individual who routinely obtains an unwanted dog or cat and
who locates within 90 days an adoptive home for that spayed or neutered dog or cat provided,
however, an interim, administrative extension may be granted by the animal control authority for
a maximum of six months if a dog or cat is pregnant, nursing, or injured and that condition is
verified by a veterinarian.
Cattery means a place where four or more adult cats are kept, whether by owners of the
cats or by persons providing facilities and care, whether or not for compensation, but not
including small animal hospital, clinic or pet shop. An adult cat is one of either sex, altered or
unaltered, that has reached the age of six months.
ORD # (% • S30 , PAGE 3
Dangerous dog shall mean any dog that according to the records of the appropriate
authority:
(1) Has inflicted severe injury on a human being without provocation on public or
private property,
(2) Has killed a domestic animal without provocation while offthe owner's property,
or
(3) Has been previously found to be potentially dangerous,
the owner having received notice of such and the dog again aggressively bites, attacks, or
endangers the safety of humans or domestic animals.
Director shall mean the director of the county department of health.
Domesticated animal shall mean those domesticated beasts including any dog, cat, rabbit,
horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic.
Euthanasia shall mean the humane destruction of an animal, accomplished by a method
that involves instantaneous unconsciousness and immediate death, or by a method that causes
painless loss of consciousness and death during such loss of consciousness.
Grooming service means any place or establishment, public or private, where animals are
bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and
for which a fee is charged.
Harboring, keeping or maintaining a dog or cat shall mean performing any of the acts of
providing care, shelter, protection, refuge, food or nourishment in such manner as to control the
animal's actions, or that the animal is treated as living at one's house by the homeowner.
ORD # 06 -530 , PAGE 4
Hobby cattery means a noncommercial cattery at or adjoining a private residence where
four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment
of the species provided, however, a combination hobby cattery/kennel license may be issued
where the total number of cats and dogs exceeds the number allowed in FWCC 9 -186.
Hobby kennel means a noncommercial kennel at or adjoining a private residence where
four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows,
field, working and/or obedience trials, or for enjoyment of the species provided, however, a
combination hobby cattery/kennel license may be issued where the total number of cats and dogs
exceeds the number allowed in FWCC 9- 169.1.
Juvenile means any dog or cat, altered or unaltered, that is under the age of six months.
Kennel shall mean a place where four or more adult dogs are kept, whether by owners of
the dogs or by persons providing facilities and care whether or not for compensation, but not
including a small animal hospital or clinic or pet shop. An adult dog is one of either sex, altered
or unaltered, that has reached the age of six months.
Livestock means cattle, hogs, sheep, goats, horses, llamas and other large grazing
animals, but does not include small, wild or predatory animals, as defined in King County Code
21.04.540.
Owner shall mean any person having an interest or right of possession to an animal or any
person having control, custody or possession of an animal, or by reason of the animal being seen
residing consistently at a location, shall be presumed to be the owner.
ORD # 96 -S 3v , PAGE 5
Packs of dogs shall consist of a group of two or more dogs running upon either public or
private property not that of their owner in a state in which either their control or ownership is in
doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled.
Pet shop shall mean any person, establishment, store or department of any store that
acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell, or rent
such live animals to the public or to retail outlets.
Running at large shall mean to be off the premises of the owner or custodian and not
secured by a leash 44 20 feet or less.
Service animal means any animal, which is trained or being trained to aide a person who
is blind, hearing impaired, or otherwise disabled and is used for that purpose and is registered
with a recognized service animal organization.
Shelter shall mean a facility which is used to house or contain stray, homeless, abandoned
or unwanted animals and which is owned, operated or maintained by a public body, an
established humane society, animal welfare society, society for the prevention of cruelty to
animals, or other nonprofit organization devoted to the welfare, protection and humane treatment
of animals.
Special hobby kennel license means a license issued to pet owners under certain
conditions, who do not meet the requirements for a hobby kennel license, to allow them to retain
only those specific dogs and cats then in their possession until such time as the death or transfer
of such animals reduces the number they possess to the legal limit set forth in this chapter.
ORD # 0(o -5307 , PAGE 6
Under control shall mean the animal is under voice competent and/or signal control so as
to thereby 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.
Vicious shall mean the act of or the propensity to do any act endangering the safety of any
person, animal or property of another, including, but not limited to, biting a human being, an
attack on human beings or domesticated animals without provocation. (Ord. No. 90 -30, § 2(A) —
(N), (P) — (T), 2- 13 -90; Ord. No. 92 -153, § 2, 11- 17 -92)
Section 2. Chapter 4, Article V, Section 4 -147 of the Federal Way City Code is
amended as follows:
4 -147 Running at large.
(a) The owner or keeper of a dog shall not permit such dog to run at large within the city. A dog is
running at large and is a nuisance even if the dog is accompanied by the owner or custodian, if it is
not secured by a leash. The only allowable exceptions to this section are when an owner or custodian
is training or exercising a dog on his or her own property, on the property of another person with the
permission of the owner of the property, on public property designated to allow dog competition
sanctioned by national organizations, or in the designated official off -leash area within French Lake
Park -pries4o A+}grit- , 2406. The hours of French Lake Park during this i I shall be
7:00 a.m. to dusk except for the months of Ma T thy_ rough August when the hours shall be 7:00 a.m. to
9:00 P.M.
(b) Any domesticated animal, whether licensed or not, which runs at large in any park other than the
designated off -leash area within French Lake Park -p;�io August 1, 2006, 2 or enters any public
beach, pond, fountain or stream therein, or upon any public playground or school ground is declared
ORD # 66 - Sip , PAGE 7
to be a nuisance. This subsection shall not prohibit a person from walking or exercising an animal in
a public park or on any public beach when such animal is on a leash, tether or chain not to exceed
fight— twenty feet in length. This subsection shall not apply to any blind person using a trained
seeing -eye dog, animal shows, exhibitions or organized dog- training classes where at least 24 hours'
advance notice has been given to the animal control authority by such persons requesting to hold
such animal shows, exhibitions or dog- training classes.
Section 3. Chapter 11, Article III, Section 11 -60 of the Federal Way City Code is
amended as follows:
11 -60 Pets on city park facilities.
(a) Dogs, pets or domestic animals are not permitted on any designated swimming beach, picnic area
or play areas in any park or in any park building unless specifically permitted by posting, provided
this section shall not apply to seeing -eye dogs.
(b) In permissible areas, dogs or other pets or domestic animals must be kept on a leash no greater
than eight-j« my feet in length, and under control at all times.
(c) Any person whose dog or other pet is in any park area shall be responsible for the conduct of the
animal and for removing feces deposited by such animal from the park area.
(d) The director is authorized to approve dogs off -leash for dog training programs or special events.
(Ord. No. 91 -82, § 1(2)(B), 1 -8 -91; Ord. No. 01 -396, § 4, 7 -3 -01)
Section 4. Severability. The provisions of this ordinance are declared 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
ORD # 06,-530 , PAGE 8
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five days after its
passage, approval and publication as provided by law.
PASSED by the City Council of the City of Federal Way this -MS1 day of
2006.
CITY OF FEDERAL WAY
ATTEST:
CITY RK, LAURA K.qiATHAWAY, CMC
APPROVED AS TO FORM:
W lAdl L�K i ik .
CITY ATTO , PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ACCEPTANCE:
K: \ordinance\2006 \off leash dog park — French Lk and leash length
ORD # 06 -530 , PAGE 9
. _ , ..r►
SUMMARY OF
ORDINANCE NO. 06 -530
On the 1St day of August 2006, the City Council of the City of Federal Way, Washington, passed
Ordinance No. 06 -530. A summary of the contents of said ordinance, consisting of the title,
provides as follows:
ORDINANCE NO. 06 -530
An Ordinance of the City Council of the City of Federal Way, Washington, amending Chapters 4
and 11 of the Federal Way City Code to officially allow dogs in the off -leash area of French Lake
Park and increase the allowable length of leashes within the City limits (amending Ordinance Nos.
90 -30, 91 -82, 92 -153, 01 -396, and 05 -495).
The full text of the ordinance will be mailed upon request, in accordance with the City's Fee
Schedule.
DATED this 2nd day of August 2006
Laura Hathaway, City Clerk
Published in the Federal Way Mirror on August 5, 2006.