HomeMy WebLinkAbout09-21-2015 Council MeetingSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert - Deana
APPROVAL OF THE AGENDA
Mayor Pro Tem Chris Raezer
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
PUBLIC COMMENT
For members of the public to speak to the Council regarding matters NOT on the agenda. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Chris Raezer
1.Minutes of the September 8 and September 14, 2015 Council Meetings ATTACHMENT A
2.Accounts Payable
PUBLIC HEARING
NEW BUSINESS
1. Ordinance Amendment for Flammable/Combustible Liquid ATTACHMENT B
Staff Presentation: Chris Young
Council Liaison: Marilyn Oertle
2. Cascade Valley Hospital Firefighter Grant ATTACHMENT C
Staff Presentation: Tom Cooper
Council Liaison: Jesica Stickles
3. Centennial Skateboard (Sk8 Fest) Permit Update ATTACHMENT D
Staff Presentation: Kristin Banfield
Council Liaison: Marilyn Oertle
Arlington City Council Meeting
September 21, 2015 at 7:00 p.m.
City Council Chambers – 110 E Third St
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
4. WSDOT 2015 Aviation Grant Offer ATTACHMENT E
Staff Presentation: Tim Mensonides
Council Liaison: Mayor Pro Tem Chris Raezer/Jan Schuette
5. Replacement of cab and chassis on 2009 ambulance (Aid 47)ATTACHMENT F
due to engine failure
Staff Presentation: Tom Cooper
Council Liaison: Jesica Stickles
6. Animal Care and Control Legislation Options ATTACHMENT G
Staff Presentation: Jonathan Ventura
Council Liaison: Jesica Stickles
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Barb Tolbert
To open all attachments, click here
DRAFT
Page 1 of 3
Council Chambers
110 East Third
September 8, 2015
City Council Members Present by Roll Call: Austin DeFreece, Jan Schuette, Marilyn Oertle, Chris
Raezer, Jesica Stickles, and Randy Tendering
Council Members Absent: Debora Nelson
City Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Kristin Garcia, Bruce Stedman,
Sheri Amundson, Jonathan Ventura, Tom Cooper, Deana Dean, and Steve Peiffle – City Attorney
Also Known to be Present: Jacob Kukuk, Cristy Brubaker, Craig Christianson, Cindy Rosenbach,
Debbie Darling, Glenn Gregg and Kirk Boxleitner
Mayor Tolbert called the meeting to order at 7:00 p.m.
APPROVAL OF THE AGENDA
Chris Raezer moved to approve the Agenda. Marilyn Oertle seconded the motion which passed with a
unanimous vote.
INTRODUCTIONS OF SPECIAL GUESTS AND PRESENTATIONS
Public Safety Director Bruce Stedman and Deputy Police Chief Jonathan Ventura provided an update to
council regarding complaints on the canine “Blaze” on 211th. Brief discussion followed.
PROCLAMATIONS
PUBLIC COMMENT
Cindy Rosenbach commented on the canine “Blaze.”
Debbie Darling commented on the canine “Blaze.”
Glenn Gregg commented on the business Cascade Kropz and traffic on the gravel easement leading
to/from Cascade Kropz.
CONSENT AGENDA
Chris Raezer moved and Marilyn Oertle seconded the motion to approve the Consent Agenda which was
unanimously carried to approve the following Consent Agenda items:
1.Minutes of the August 17 and August 24, 2015 Council Meetings and revised Minutes of June 1,
2015 Council Meeting
2.Accounts Payable: EFT Payments & Claims Checks #85255 through #85385 dated August 18,
2015 through September 8, 2015 in the amount of $383,072.38. EFT Payments & Payroll
Checks #28463 through #28483 for the period August 1, 2015 through August 29, 2015 for
$1,211,446.35.
Minutes of the Arlington
Cit Council Meetin
Minutes of the City of Arlington City Council Meeting September 8, 2015
Page 2 of 3
PUBLIC HEARING
NEW BUSINESS
Resolution supporting Stilly Valley Week of Service
Human Resource & Communications Director Kristin Banfield spoke regarding the WSU SR530 Mudslide
Recovery Team’s 2nd Annual Days of Service. 2016 dates will be March 12-March 20th. The proposed
resolution expresses the City’s support for the days of service and urges our citizens to become involved
in the event.
Chris Raezer moved and Randy Tendering seconded the motion to approve the proposed resolution
supporting the community volunteer event of the Washington State University SR530 Mudslide Recovery
Team. The motion was approved by a unanimous vote.
Public Art Project
Kristin Banfield spoke to the proposal for the City to accept the new mural on Arlington Muffler Shop next
to Centennial Trail into Arlington’s Public Art Collection. The Public Art Committee and PARC are
recommending that the donation be approved by City Council.
Marilyn Oertle moved and Chris Raezer seconded the motion to approve the acceptance of the mural
donation into the Public Art Collection. The motion was approved by a unanimous vote.
Application for Snohomish County Hotel Motel Grant
Kristin Banfield spoke to the request for authorization to apply for Snohomish County’s Tourism
Assistance Grant Program and Small Capital Project Partnership Grant for the following: Snohomish
County 2016 Tourism Assistance Grant for Byrnes Performing Arts Center Wayfinding sign for SR 9
$3,500 and Olympic Avenue Sound System Phase I $10,000; and for Snohomish County 2015 Small
Capital Projects Partnership Grant for Terrace Park playground Improvements $16,200.
Marilyn Oertle moved and Randy Tendering seconded the motion to authorize staff to apply for grants
from Snohomish County’s Tourism Assistance Grant Program and Small Capital Project Partnership
Grant Program. The motion was approved by a unanimous vote.
Retirement and Sale of K9 Annie to Officer Gilbert
Kristin Banfield spoke regarding the proposed resolution to surplus Police Dog “Annie” to her handler,
Officer Mike Gilbert.
Jesica Stickles moved and Randy Tendering seconded the motion to approve the proposed resolution
acknowledging the service of police dog “Annie”, declaring her as surplus, and authorizing her disposition
to her handler. The motion was approved by a unanimous vote.
Surplus PD Vehicles
Kristin Banfield spoke regarding three police vehicles that need to be declared as surplus in order to be
properly auctioned off. These vehicles were in service until just recently when replacements arrived and
were put in service.
Jesica Stickles moved and Marilyn Oertle seconded the motion to approve the proposed resolution
declaring vehicles as surplus and authorizing their sale. The motion was approved by a unanimous vote.
Fire and EMS Cost of Service and Rate Study
Public Safety Director Bruce Stedman spoke to the proposal from FCS Group for a detailed Cost of
Service and Rate Study of the Fire Department’s EMS system. This is one of the four actionable
recommendations from the recently completed EMS Sustainability project. The study will review our
current service levels, the cost of that service, and the rates currently charged. In addition, it is the intent
Minutes of the City of Arlington City Council Meeting September 8, 2015
Page 3 of 3
to use this third party cost of service study to determine a fair and equitable cost sharing for our EMS
partner contracts that are based on actual cost rather than ability to pay, into the future.
Jesica Stickles moved and Chris Raezer seconded the motion to accept the FCS Group proposal for
financial analysis of the City’s cost of service to provide EMS to Arlington residents and partner agencies
and authorize the Mayor to sign the contract. The motion was approved by a unanimous vote
ADMINISTRATOR & STAFF REPORTS
City Administrator Paul Ellis spoke regarding Cascade Kropz.
COUNCIL MEMBER REPORTS and MAYOR’S REPORT
Austin DeFreece, Jan Schuette, Marilyn Oertle, Chris Raezer, Jesica Stickles, and Randy Tendering gave
brief reports.
EXECUTIVE SESSION
City Attorney Steve Peiffle indicated the need for an Executive Session for approximately 25-30 minutes
to discuss pending or potential litigation [RCW 42.30.110(1)(i)].
7:52:27 Council in recess for executive session
8:18:18 Council reconvened.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:19 p.m.
____________________________
Barbara Tolbert, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third Street
September 14, 2015
Councilmembers Present: Austin DeFreece, Jan Schuette, Marilyn Oertle, Jesica Stickles, and Randy
Tendering
Staff Present: Mayor Barbara Tolbert, Paul Ellis, Kristin Banfield, Tim Mensonides, Tom Cooper, Chris
Young, Jonathan Ventura, Sheri Amundson, Maxine Jenft, Deana Dean, and City Attorney Steve Peiffle.
Council Members Absent: Chris Raezer and Debora Nelson
Also Known to be Present: Jacob Kukuk, Emmett Heath, Todd Morrow, Craig Christianson, Cristy
Brubaker, Sue Weiss, Holly Sloan-Buchanan, Mike Hopson, Kirk Boxleitner, and Sarah Arney.
Mayor Barbara Tolbert called the meeting to order at 7:00 p.m. and the pledge of allegiance followed.
Marilyn Oertle moved to approve the agenda. Randy Tendering seconded the motion, which passed with
a unanimous vote.
WORKSHOP ITEMS ~ NO ACTION WAS TAKEN
Community Transit CEO Update with Plans for the Future
Emmett Heath and Todd Morrow spoke to Community Transit’s plans for the future. Mr. Heath provided a
PowerPoint presentation on the updates and key messages including the upcoming November 3rd
Proposition. Council questions followed.
Ordinance Amendment for Flammable/Combustible Liquid
Community & Economic Development Director Chris Young spoke to the proposed ordinance adding a
new chapter to Title 15, Chapter 15.24, to regulate the installation of above-ground flammable and
combustible liquids storage tanks. Council questions followed.
Cascade Valley Hospital Firefighter Grant
Acting Fire Chief Tom Cooper spoke to the request authorizing the acceptance of a donation in the
amount of $31,000 from the Arlington Volunteer Firefighter Association to fund training and wages for a
volunteer temporary firefighter position to cover the vacancy left by Steve Daggett as he attends
paramedic training at Harborview Medical Center.
Centennial Skateboard (Sk8 Fest) Permit Update
Director of Human Resources and Communications Kristin Banfield provided an update on the 3rd Annual
Centennial Skate Festival. Today’s proposal is to request an additional road closure of E. 3rd St.
between Olympic Avenue and Dunham Avenue. The event organizers have the opportunity to add a Slide
Jam to the race event. A Slide Jam is a downhill showcase of style and skills--it is not a race. The original
street closure request was approved at July 6, 2015 Council Meeting. Street closure requests are
required to go to council for approval. Brief discussion followed.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Workshop DRAFT September 14, 2015
Page 2 of 2
WSDOT 2015 Aviation Grant Offer
Airport Coordinator Tim Mensonides spoke to the WSDOT Airport Aid Grant Offer and the 2015 Airport
Pavement Maintenance Project. The 2015 Airport Pavement Maintenance Project involves pavement
maintenance on the airport. The Airport Commission approved a contract for the project in the amount
$123,918.85 at their August 11th, 2015 meeting. WSDOT Aviation has awarded a grant to the airport in
the amount of $61,959.42 for the project.
Replacement of cab and chassis on 2009 ambulance (Aid 47) due to engine failure
Tom Cooper spoke to the engine failure of Aid 47, a 2009 ambulance which is due for replacement in
2016. The proposal is to remove the ambulance module and install a new cab resulting in a savings of
approximately $90,000 over replacing the entire unit. HGAC or another similarly constructed bid process
would be used to meet bid law requirements. Brief discussion followed.
Animal Care and Control Legislation Options
Deputy Police Chief Jonathan Ventura spoke regarding options on updates to the City’s animal care and
control codes. Police staff is recommending a blend of legislation proposed at the state level and
language in the current Tacoma Municipal Code. The last update to the code occurred in 2011.
Discussion followed.
Miscellaneous Council Items
None.
Executive Session
None.
Public Comment
Shannon Oquist, Tami McMinn, Linda Pehri, Jennifer Haystrom, Deborah Darling, and Marilyn Limber
spoke regarding animal care and control for Blaze.
Adjournment
The meeting was adjourned at 8:19 p.m.
____________________________
Barbara Tolbert, Mayor
City of Arlington
Council Agenda Bill
Item:
NB #1
Attachment
B
COUNCIL MEETING DATE:
September 21, 2015
SUBJECT:
Ordinance Amendment to Title 15 of the AMC relating to Flammable & Combustible
Liquid Storage
ATTACHMENTS:
Draft Ordinance
DEPARTMENT OF ORIGIN
Community & Economic Development with consultation with the Fire Dept.
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Addition of a new chapter to Title 15, Chapter 15.24, to regulate the installation of
above-ground flammable and combustible liquids storage tanks.
HISTORY:
The Arlington Municipal Code currently has no regulations for the placement of
above-ground flammable or combustible liquid storage tanks. This allows any
proposed tank, regardless of size and product to be placed in any zoning district
within the city, including residential areas. A flammable and combustible liquids code
allows the city to regulate the size of tanks allows within specific zoning districts of
the city through the Fire Prevention Chapter of the AMC.
ALTERNATIVES
Approve staff’s recommendation with modifications
Table staff’s recommendation
Deny staff’s recommendation
RECOMMENDED MOTION:
I move to approve the proposed ordinance adopting Arlington Municipal Code
Chapter 15.24 regarding the storage of flammable and combustible liquids.
ORDINANCE NO. 2015-XXX 1
ORDINANCE NO. 2015-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
ADOPTING ARLINGTON MUNICIPAL CODE CHAPTER 15.24 REGARDING
THE STORAGE OF FLAMMABLE AND COMBUSTIBLE LIQUIDS
WHEREAS, the City of Arlington, Washington, has the power and authority to
regulate the storage and usage of flammable and combustible liquids within the city
limits of the city; and
WHEREAS, the City Council wishes to adopt certain regulations concerning the
same for the safety of the general public; and
WHEREAS, the City Council deems adoption of these regulations to be in the
best interests of the citizens;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
does ordain as follows:
Section 1. The Arlington Municipal Code (AMC) is hereby amended to add
a new Chapter 15.24, to read as follows:
Chapter 15.24 – STORAGE OF FLAMMABLE AND COMBUSTIBLE
LIQUIDS
15.24.010 Storage of flammable and combustible liquids in outside
aboveground tanks prohibited; exceptions.
15.24.020 Operating Permit
15.24.030 Bulk Storage Facilities.
15.24.010 – Storage of flammable and combustible liquids in outside
aboveground tanks prohibited; exceptions.
(a) Bulk plants for the manufacture of flammable or combustible
liquids are not permitted within the corporate limits of the city except as
provided in section 15.24.030.
(b) Bulk storage facilities for storage or the dispensing of flammable
liquids, combustible liquids and liquid compressed gases are not permitted
within the corporate limits of the city except as provided in section
15.24.030.
(c) Cylinders in bulk storage that are accessory to the primary use are
permitted when located in control areas and in compliance with the
International Fire Code (IFC).
(d) Building heating systems with a water capacity of 300 gallons or
ORDINANCE NO. 2015-XXX 2
less are exempt from the requirements of this chapter.
15.24.020 – Operating Permit.
Any person proposing to store any flammable or combustible
liquids in excess of 50 gallons shall make written application for an
operating permit to the Building Official.
15.24.030 – Bulk Storage Facilities.
(a) Bulk storage facilities for keeping or storage of flammable liquids,
combustible liquids and liquid compressed gases may be erected and
maintained within the city in those areas zoned General Industrial, as
defined in the Land Use Code of the city, provided that the erection and
maintenance of the installation are conducted in compliance with all
applicable codes and standards. Any single tank, or all combined tanks
shall not exceed 30,000 gallons. An operating permit is required and shall
be issued by the Building or Fire Official.
(b) Bulk storage facilities for keeping or storage of flammable liquids,
combustible liquids and liquid compressed gases may be erected and
maintained within the city in those areas zoned Light Industrial, as defined
in the Land Use Code of the city, provided that the erection and
maintenance of the installation are conducted in compliance with all
applicable codes and standards. Single tank capacity is limited to 12,000
gallons with all tanks not exceeding 24,000 gallons. An operating permit
is required and shall be issued by the Building or Fire Official.
(c) Storage facilities for the keeping or storage of flammable liquids,
combustible liquids and liquid compressed gases may be erected and
maintained within the city in those areas zoned commercial or residential,
as defined by the Land Use Code of the city, provided that the installation
is approved by the City Council and a SEPA has been conducted
indicating that no negative impact would be created. If approved, the
erection, installation and maintenance shall comply with all applicable
codes and standards. An operating permit is required and shall be issued
by the Building or Fire Official.
(d) Manufacturing Facilities of flammable liquids, combustible liquids
and liquid compressed gases may be erected and maintained within the
city in those areas zoned General Industrial, as defined in the Land Use
Code of the city, provided that:
1. The erection and maintenance of the installation are
conducted in compliance with all applicable codes and
standards;
2. The installation is approved by the City Council;
and
3. The project is in compliance with the State
Environmental Policy Act ( SEPA) and all significant
adverse environmental impacts have been mitigated.
ORDINANCE NO. 2015-XXX 3
If approved, the erection, installation and maintenance shall comply with
all applicable codes and standards. An operating permit is required and
shall be issued by the Building or Fire Official.
Section 2. Severability. If any provision, section, or part of this ordinance
shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the
validity of the ordinance as a whole or any section, provision or part thereof not adjudged
invalid or unconstitutional..
Section 3. Effective Date. The title of this ordinance which summarizes
the contents shall be published in the official newspaper of the City. The ordinance shall
take effect and be in full force five (5) days after the date of publication.
PASSED BY THE CITY COUNCIL at a Regular Meeting thereof on the ______
day of ______________, 2015.
CITY OF ARLINGTON, WASHINGTON
_________________________________
Barbara Tolbert, Mayor
ATTEST/AUTHENTICATED:
_______________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
Item:
NB #2
Attachment
C
COUNCIL MEETING DATE:
September 21, 2015
SUBJECT:
Cascade Valley Hospital Firefighter Grant
ATTACHMENTS:
None
DEPARTMENT OF ORIGIN
Fire
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The Fire Department is requesting authorization to accept a donation of $31,000 from
Cascade Valley Hospital via the Arlington Firefighters Association to fund training and
wage for a volunteer temporary firefighter position.
HISTORY:
Steven Daggett has been selected for paramedic training at Harborview Medical Center
on a grant. The training process is approximately 10 months in length in which he will
not be able to work his shifts. The void created by him going to training must be filled to
continue an adequate level of service to the community. An Arlington Fire Volunteer
was selected to fill the void and is now in training for the temporary position created.
These funds will be used to fund that temporary position.
ALTERNATIVES
Remand to staff for additional information.
Table pending additional discussion
RECOMMENDED MOTION:
I move to accept the donation of $31,000 from Cascade Valley Hospital via the Arlington
Firefighters Association.
City of Arlington
Council Agenda Bill
Item:
NB #3
Attachment
D
COUNCIL MEETING DATE:
September 21, 2015
SUBJECT:
Centennial Skateboard (Sk8 Fest) Event Additional Street Closure Request
ATTACHMENTS:
Map of road closure
DEPARTMENT OF ORIGIN
Recreation
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Organizers of Centennial Skate Festival have requested an additional road closure of E.
3rd St. between Olympic Ave and Dunham Avenue from 2pm to 9pm on October 10th.
The event organizers have the opportunity to add a Slide Jam to the race event. A Slide
Jam is a downhill showcase of style and skills--it is not a race. Helmets are required and
gloves are highly recommended.
HISTORY:
The original street closure request was approved at July 6, 2015 Council Meeting. Street
closure requests are required to go to council for approval. This is the third annual skate
event.
ALTERNATIVES
Deny request
RECOMMENDED MOTION:
I move to approve the proposed road closure of E. 3rd Street between Olympic Avenue
and Dunham Avenue from 2pm to 9pm on October 10, 2015.
City of Arlington
Council Agenda Bill
Item:
NB #4
Attachment
E
COUNCIL MEETING DATE:
September 21, 2015
SUBJECT:
Authorization of Mayor to Sign WSDOT Aviation Grant Agreement
ATTACHMENTS:
Airport Aid Grant Offer
DEPARTMENT OF ORIGIN
Airport
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Staff is requesting the City Council authorize the mayor to sign the attached WSDOT
Airport Aid Grant Offer as well as any associated documents for the 2015 Airport
Pavement Maintenance Project.
HISTORY:
The 2015 Airport Pavement Maintenance Project involves pavement maintenance on the
airport. The Airport Commission approved a contract for the project in the amount
$123,918.85 at their August 11th, 2015 meeting. WSDOT Aviation has awarded a grant to
the airport in the amount of $61,959.42 for the project.
ALTERNATIVES
Approve Staff’s Recommendation with Modifications
Deny Staff’s Recommendation
Table Staff’s Recommendation
RECOMMENDED MOTION:
I move to approve the attached WSDOT Airport Aid Grant Offer and authorize the
Mayor to sign it and any other documentation pertaining to the grant.
City of Arlington
Council Agenda Bill
Item:
NB #5
Attachment
F
COUNCIL MEETING DATE:
September 21, 2015
SUBJECT:
Replacement of cab and chassis on Aid 47 - 2009 Ambulance due to engine failure using
piggyback on Kittitas County Hospital District 2 bid
ATTACHMENTS:
To be distributed at the meeting:
Interlocal Agreement with Kittitas County Hospital District 2 to piggyback on its bid for a
new cab and chassis from Braun Northwest
DEPARTMENT OF ORIGIN
Fire
EXPENDITURES REQUESTED: Not to exceed $120,000
BUDGET CATEGORY: Equipment Replacement Fund
LEGAL REVIEW:
DESCRIPTION:
Remove ambulance module from Aid 47 – 2009 Ford E-350 with failed engine and mount on
new cab and chassis. The City proposes to piggyback on a bid issued by Kittitas County
Hospital District 2 with Braun Northwest. The bid process undertaken by Kittitas and the
Interlocal Agreement is currently under review by staff and is anticipated to be distributed at
the Council meeting.
HISTORY:
Aid 47 a 2009 ambulance due for replacement in 2016 has suffered engine failure and is out
of service. This unit has approximately 175,000 miles. The ambulance module would be
removed and installed on a new cab resulting in a savings of approximately $90,000 over
replacing the entire unit. HGAC or another similarly constructed bid process would be used
to meet bid law requirements. This unit needs to be put back in service as soon as possible.
ALTERNATIVES
Remove and replace the en ine at a cost of approximatel $18,000 leavin the remainder of
the old drivetrain in service.
RECOMMENDED MOTION:
I move to approve the Interlocal Agreement with Kittitas County Hospital District 2 to
piggyback on its bid for a new cab and chassis from Braun Northwest and authorize the
Mayor to sign it.
City of Arlington
Council Agenda Bill
Item:
NB #6
Attachment
G
COUNCIL MEETING DATE:
September 21, 2015
SUBJECT:
Ordinance Amending Arlington Municipal Code Title 8 relating to Animal tethering
ATTACHMENTS:
Draft Ordinance
DEPARTMENT OF ORIGIN
Police
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Mayor Tolbert and members of the Council requested that the Police Department bring
back options on updates to the City’s animal care and control codes. The proposed
ordinance is a blend of legislation proposed at the state level and language in the current
Tacoma Municipal Code. The City of Arlington will be the 2nd city in the state to adopt
tighter controls on tethering of animals.
HISTORY:
The Arlington Municipal Code on animal care and control was last updated in 2011. The
content of the ordinance was reviewed with Council at the September 14, 2015 Council
Workshop.
ALTERNATIVES
Remand back to staff for further revision
Do not adopt
RECOMMENDATION
I move to approve the proposed ordinance relating to animal tethering and amending
Title 8 of the Arlington Municipal Code.
ORDINANCE 2015-XXX 1
ORDINANCE NO. 2015-XXX
AN ORDINANCE RELATING TO ANIMAL TETHERING AND AMENDING
TITLE 8 OF THE ARLINGTON MUNICIPAL CODE
WHEREAS, the city has the authority to regulate the treatment of animals within the
City of Arlington; and
WHEREAS, the city staff has recommended changes and updates to the City’s animal
code; and
WHEREAS, the City Council has considered the ordinance and has determined
the proposed revisions are in the best interests of the citizens;
NOW, THEREFORE, the City Council of the City of Arlington, Washington,
do ordain as follows:
Section 1. The following definition shall be added to Arlington Municipal Code
section 8.05.030 and shall read as follows:
“Tether” means:
(1) to restrain an animal by tying or securing the animal to any object or
structure; and
(2) a device, including but not limited to a chain, rope, cable, cord, tie-out,
pulley, or trolley system for restraining an animal.
Section 2. Arlington Municipal Code section 8.10.110 shall be and hereby is
amended to read as follows:
8.10.110 - Unlawful tethering.
(a) Any animal that is restrained by a tether must be restrained in compliance with
this section.
(b) If chain is used for tethering, it must have links of 5/16 of an inch or smaller.
(c) The use of chains or choke chains as collars is prohibited. This subsection
does not apply to choke chains used for training purposes when a person is
present at all times and actively engaged in training the animal.
(d) Any tether must be connected to a collar or harness on a swivel or in a
manner that prevents the tether from tangling.
(e) The tether may be connected to the animal only by a buckle-type or snap-on
collar or a body harness made of nylon or leather. Any collar or harness must fit
ORDINANCE 2015-XXX 2
the animal properly.
(f) Any tether must be at least ten feet in length, and the animal must have access
to clean water and adequate shelter while tethered. The shelter and water vessel
must be constructed or attached in such a way that the animal cannot knock over
the shelter or water vessel.
(g) If there are multiple animals tethered, each animal must be on a separate tether
and not secured to the same fixed point.
(h) It is a violation:
(1) To tether any animal in such a manner as to permit the animal to leave
the owner's property;
(2) To tether any animal in such a manner that allows the animal to be
within ten feet of any public right-of-way;
(3) To tether any animal in such a manner that the animal can become
entangled with any obstruction or any other tethered animal or be able to
partially or totally jump over any fence;
(4) To tether any animal in a manner that prevents it from lying, sitting,
and standing comfortably, and without the restraint becoming taut;
(5) To tether any animal that is sick, injured, or in distress, in the advanced
stages of pregnancy, or under six months of age;
(6) To tether any animal during any severe weather advisories, warnings,
or emergencies that have been issued or declared by the national weather
service for the location at which the animal is tethered, unless the animal
is provided with natural or manmade shelter that is adequate to keep it
safe, dry, and protected under such conditions;
(7) To tether any animal in a manner that results in the animal being left in
unsafe or unsanitary conditions, or that forces the animal to stand, sit, or
lie down in its own excrement or urine; or otherwise endangers the health
or safety of the animal.
(8) To tether any animal between the hours of 11 pm and 5 am.
(i) A first offense of this section is a class 1 civil infraction under RCW
7.80.120(1)(a). A second or subsequent offense is a misdemeanor.
Section 3. Severability. Should any section, paragraph, sentence, clause, or phrase
of this ordinance be held invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
ORDINANCE 2015-XXX 3
section, sentence, clause, or phrase of this ordinance.
Section 4 . Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days of the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this _____ day of
_______________, 2015.
CITY OF ARLINGTON
_______________________________
Barbara Tolbert, Mayor
Attest:
__________________________
Kristin Banfield, City Clerk
Approved as to form:
__________________________
Steven J. Peiffle
City Attorney