Ordinance 34350006.90000
WSS /gjz
12/17/02
ORDINANCE NO. 3435
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE EDMONDS CITY CODE
CHAPTER 5.05 IN ORDER TO ENACT PROVISIONS OF AN
INITIATIVE AMENDMENT FORWARDED TO THE CITY
COUNCIL, CLARIFYING THE COUNCIL'S INTENT UPON
ADOPTION OF SUCH ORDINANCE, ENACTING SECTION 3
OF THE INITIATIVE WHILE RESERVING COUNCIL
POWERS, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, an initiative petition entitled Protect Edmonds' Pets has been
presented to the Edmonds City Council; and
WHEREAS, said initiative petition has been certified as having the requisite
number of voters' signatures; and
ballot, and
WHEREAS, the City Council has the option to adopt the matter or place it on the
WHEREAS, the petition is significantly flawed in that it contains extensive
administrative provisions and purports to exercise the City Council's legislative power of
appropriation and the budget, and
WHEREAS, the City Council finds that given existing budget limitations and
severe limitations on the City's revenues, the expenditure of monies to put this matter before the
ballot would be a significant waste of fifty to sixty thousand dollars of the City's limited revenue
and that resort to the judiciary to strike down obviously flawed sections of the initiative would
result in a total of potentially one hundred thousand dollars or more of public expenditures, and
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WHEREAS, the Council finds that the subject of the initiative, the spaying of
stray dogs and cats prior to adoption from the City's animal control system, is at the core of the
initiative and a matter of important community concern, and
WHEREAS, the City Council intends to pass the initiative, reserving its right to
amend administrative provisions which are not in conformance with state law, and clearly
reserving to the City Council, and the City Council alone, the right to appropriate funds through
the annual budget process, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 5.05 of the Edmonds City Code is hereby amended by the
addition of a new section 5.05.127.1 relating to the spaying and neutering of owner - surrendered
and stray animals, to read as follows:
5.05.127.1 Spay or neuter of owner - surrendered and stray
animals required.
A. Stray dogs and cats at least two months of age from the
City's animal control service area that are placed at and retained by
the City designated shelter, and dogs and cats owned by citizens
residing within the City's animal control service area that are
surrendered at the City's designated shelter, shall be spayed or
neutered, and verification of said surgery shall be provided before
animals are adopted.
B. The City's designated veterinarian(s) shall determine if said
animals are appropriate candidates for surgery. Dogs and cats
determined by the City's designated veterinarian to be permanently
inappropriate candidates for surgery may be adopted without
surgery. Dogs and cats at least two months of age who are
determined to be temporarily inappropriate candidates for surgery,
and dogs and cats under two months of age, may be adopted
without surgery, providing that the City's designated shelter shall
collect and hold in trust for the City of Edmonds a $50.00 deposit
from the adopter. Said deposit shall be returned to the adopter
upon receipt of written verification that the animal has been spayed
or neutered within six months of adoption. If the spay or neuter
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surgery is performed by a City designated veterinarian, the basic
surgical costs will be paid by the City as outlined in 5.05.127.2. If
the animal is determined to be a permanently inappropriate
surgical candidate, the surgery will not be required. In such cases
the deposit shall be returned to the adopter, upon written
verification by a veterinarian of the animal's inappropriate surgical
candidacy. Failure to have the animal spayed or neutered within
the specified time period will result in the forfeiture of the deposit
and the deposit shall be placed in the City of Edmonds Animal
Benefit Fund.
Section 2. Chapter 5.05 of the Edmonds City Code is hereby amended by the
addition of a new Section 5.05.127.2 relating to establishment of an animal benefit fund to read
as follows:
5.05.127.2 Animal Benefit Fund established.
A. There is hereby established an Animal Benefit Fund for the
purpose of financially assisting low- income City of Edmonds
residents in obtaining spay or neuter services for their dogs or cats,
and providing for spay and neuter services for stray dogs and cats
from the City's animal control service area that are placed at and
retained by the City designated. shelter, and dogs and cats owned
by citizens residing within the City's animal control service area
that are surrendered at the City designated shelter prior to their
adoption back into the community. Application may be made to
the City of Edmonds Animal Benefit Fund to effectuate this
purpose.
B. The City may grant a Financial Assistance voucher to a
resident in the amount of $30.00 to be applied toward the costs of
obtaining spay or neuter services for an animal by the City's
designated veterinarian(s); PROVIDED, that, except in cases
involving the spay or neuter of owner - surrendered or stray animals
that will be returned to the City's designated animal shelter, proof
of the animal owner's City of Edmonds residency, as well as a
statement of financial need, shall be required as a prerequisite to
receiving said Financial Assistance Voucher.
C. After performing the necessary spay or neuter surgery upon
an animal, the City's designated veterinarian(s) may submit an
invoice to the City of Edmonds requesting reimbursement. The
invoice will be paid at full cost of agreed -upon prevailing industry
standards for spay and neuter services, for stray dogs and cats from
the City's animal control service area that are placed at and
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retained by the City designated shelter, and dogs and cats owned
by citizens residing within the City's animal control service area
that are surrendered at the City designated shelter.
D. After performing the necessary spay or neuter surgeries
upon an animal, the City's designated veterinarian(s) may submit
an invoice for $30.00 for the Financial Assistance. Voucher. For
the Financial Assistance Voucher, the invoice shall be submitted
with a photocopy of said voucher attached, shall be signed by a
veterinarian, and shall contain the following information:
1. Identification of the animal.
2. Identification of the person requesting the spay or neuter
services for the animal.
3. Identification of the specific type of spay or neuter services
performed.
4. Date of performance of the spay or neuter services.
E. Within 30 days of receiving an invoice for spay or neuter
services performed by the City's designated veterinarian(s) the
City shall provide payment to the designated veterinarian in the
amount of $30.00 per Financial Assistance Voucher or paid at full
cost of agreed upon prevailing industry standards for spay and
neuter services for stray dogs and cats from the City's animal
control service area that are placed at and retained by the City
designated shelter, and dogs and cats owned by citizens residing
within the City's animal control service area that are surrendered at
the City designated shelter. Said amount shall be drawn
exclusively from the City's Animal Benefit Fund.
Section 3. The sum of $5,000 is hereby appropriated from the Council
Contingency Fund No. 119 to the Animal Benefit Fund. The City's Administrative Services
Director is hereby authorized to effectuate said transfer and to include such appropriation in the
City's budget adjustments for the year. The City may from time to time in its sole discretion
solicit and/or accept public and private donations for the Animal Benefit Fund. The City Council
shall appropriate $5,000 for each year for the Animal Benefit Fund.
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Section 4. Section 3 of the initiative enacted as Section 3, above, purports to
appropriate $5,000 from Council Contingency Fund No. 119 to the Animal Benefit Fund. The.
City Council finds that this provision of the initiative clearly violates the provisions of Title 35A
RCW, which delegates to the City Council the power of appropriation of the budget and reserves
all appropriation and budgetary power delegated to the City Council by state statute. The
Council also reserves the right to amend the provisions of the initiative ordinance which go into
excessive administrative detail regarding the day to day administration of the animal control
system. The core of the initiative relates to a requirement that owner - surrendered and stray
animals be spayed or neutered prior to their adoption from the City's animal control system, and
that the cost of the surgery be paid for by the City. The City Council acknowledges that
principle as the core of the initiative and while enacting the initiative, reserves to itself the right
to enact future amendments to the administrative provisions or matters relating solely to the
legislative discussion of the City Council.
Section 5. Effective Date. This is a matter delegated to the City Council not
subject to referendum, and shall take effect five (5) days after passage and publication of an
approved summary thereof consisting of the title.
APPROVED:
MAY ,9k GAV HAAKENSON
ATTEST /AUTHENTICATED:
.d. 6Z.X�
CITY CLERK, SANDRA S. CHASE
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 12/17/2002
PASSED BY THE CITY COUNCIL: 12/17/2002
PUBLISHED: 12/25/2002
EFFECTIVE DATE: 12/30/2002
ORDINANCE NO. 3435
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SUMMARY OF ORDINANCE NO. 3435
of the City of Edmonds, Washington
On the 17th day of December, 2002, the City Council of the City of Edmonds,
passed Ordinance No. 3435. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
EDMONDS CITY CODE CHAPTER 5.05 IN ORDER TO ENACT PROVISIONS OF AN
INITIATIVE AMENDMENT FORWARDED TO THE CITY COUNCIL, CLARIFYING THE
COUNCIL'S INTENT UPON ADOPTION OF SUCH ORDINANCE, ENACTING SECTION 3
OF THE INITIATIVE WHILE RESERVING COUNCIL POWERS, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 18th day of December, 2002.
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON, I S.S.
COUNTY OF SNOHOMISH
a printed copy of which is hereunto attached, was published in said newspaper
proper and not in supplement form, in the regular and entire edition of said
paper on the following days and times, namely:
December 25, 2002
and that said newspaper was regularly distributed to its subscribers during
all of said period.
Subscribed and sworn to before me this 26tk��`������
�
day of December, 2Pd'2 / � •:� i�j�;�•,�.C� ��
Notary Public in and f the
Everett, Snohomish C unty.
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RECEIVED
0 F C 3 0 2002
EDMONDS CITY CLERK
The undersigned, being first duly sworn on oath deposes and says that she is
Principal Clerk of THE HERALD, a daily newspaper printed and published
in the City of Everett, County of Snohomish, and State of Washington; that
suMMAryY of oRDINANCE No. 3a3s
said newspaper is a newspaper of general circulation in said County and
oeZ`ity o Edmonds, Washington
On the 17th day of December, 2002, the City Council of
the City of Edmonds, passed Ordinance No. 3435. A
State; that said newspaper has been approved as a legal newspaper by order
summary of the content of said ordinance, consisting of
the title, provides as follows:
AN
INGTORDINANCE OF THE HE CITY
E F E DSONDS, WASH-
the Superior Court of Snohomish County and that the notice
CHAPTER 5.05 IN ORDER TO ENACT PROVISIONS OF
AN INITIATIVE AMENDMENT FORWARDED TO THE
CITY COUNCIL, CLARIFYING 7HE COUNCIL'S INTENT'
UPON ADOPTION OF SUCH ORDINANCE, ENACTING
SECTION 3 OF THE INITIATIVE WHILE RESERVING.
Summary of Ordinance No. 3435
COUNCIL POWERS, AND FIXING A TIME WHEN THE
SAME SHALL BE -COME EFFECTIVE. '
The full text of this ordinance will be mailed upon
request.
DATED this 16th day of December, 2002.
City of Edmonds
y
CITY CLERK, SANDRA S. CHASE
L. Published: December 25, 2002. J
.
a printed copy of which is hereunto attached, was published in said newspaper
proper and not in supplement form, in the regular and entire edition of said
paper on the following days and times, namely:
December 25, 2002
and that said newspaper was regularly distributed to its subscribers during
all of said period.
Subscribed and sworn to before me this 26tk��`������
�
day of December, 2Pd'2 / � •:� i�j�;�•,�.C� ��
Notary Public in and f the
Everett, Snohomish C unty.
.0 14
U �. r lrt .
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to ��'•_ S � _� •.�
of niASH��
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RECEIVED
0 F C 3 0 2002
EDMONDS CITY CLERK