Loading...
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.