HomeMy WebLinkAbout2002-041 Interference with a service animal (guide dog) ORDINANCE NO. 2002- 41
AN ORDINANCE relating to public safety and morals; making it a crime to interfere
with a service animal; enacting as a new section, section 6.04.240
of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.04.240 of the City of Yakima Municipal Code is hereby
enacted as a new section to read as follows:
6.04.240 Interfering With Dog Guide Or Service Animal.
1.
(a) Any person who has received notice that his or her behavior is interfering
with the use of a dog guide or service animal who continues with reckless disregard to
interfere with the use of a dog guide or service animal by obstructing, intimidating, or
otherwise jeopardizing the safety of the dog guide or service animal user or his or her
dog guide or service animal is guilty of a misdemeanor, except that for a second or
subsequent offense it is a gross misdemeanor.
(b) Any person who, with reckless disregard, allows his or her dog to interfere
with the use of a dog guide or service animal by obstructing, intimidating, or otherwise
jeopardizing the safety of the dog guide or service animal user or his or her dog guide
or service animal is guilty of a misdemeanor, except that for a second or subsequent
offense it is a gross misdemeanor.
2.
(a) Any person who, with reckless disregard, injures, disables, or causes the
death of a dog guide or service animal is guilty of a gross misdemeanor.
(b) Any person who, with reckless disregard, allows his or her dog to injure,
disable, or cause the death of a dog guide or service animal is guilty of a gross
misdemeanor.
3.
(a) In any case in which the defendant is convicted of a violation of this section,
he or she shall also be ordered to make full restitution for all damages, including
incidental and consequential expenses incurred by the dog guide or service animal user
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and the dog guide or service animal which arise out of or are related to the criminal
offense.
(b) Restitution for a conviction under this section shall include, but is not limited
to:
(i) The value of the replacement of an incapacitated or deceased dog guide
or service animal, the training of a replacement dog guide or service animal, or
retraining of the affected dog guide or service animal and all related veterinary and care
expenses; and
(ii) Medical expenses of the dog guide or service animal user, training of the
dog guide or service animal user, and compensation for wages or earned income lost
by the dog guide or service animal user.
(4) Nothing in this section shall affect any civil remedies available for violation of
this section.
(5) For purposes of this section, the following definitions apply:
(a) "Dog guide" means a dog that is trained for the purpose of guiding blind
persons or a dog trained for the purpose of assisting hearing- impaired persons.
(b) "Service animal" means an animal that is trained for the purposes of
assisting or accommodating a disabled person's sensory, mental, or physical disability.
(c) "Notice" means a verbal or otherwise communicated warning prescribing the
behavior of another person and a request that the person stop their behavior.
(d) "Value" means the value to the dog guide or service animal user and does
not refer to cost or fair market value.
Section 2. This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 2 day of July ,
2002.
, 04 /
ATTEST: Place, Mayor
City Clerk
Publication Date: 7 -5 -2002
Effective Date: 8- 4-2002
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v
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of 1— . ` O Z
ITEM TITLE: An Ordinance relating to public safety and morals; making it a crime
to interfere with a service animal; enacting as a new section,
section 6.04.240 of the City of Yakima Municipal Code.
SUBMITTED BY: Jeff B. West, Senior Assistant City Attorney
CONTACT PERSON/TELEPHONE: Jeff B. West, 575 -6033
SUMMARY EXPLANATION: The proposed ordinance which prohibits interference
with service animals is an adoption of a state statute commonly known as Layla's
Law. Up to this point, this statute has not been presented to council for adoption as a
city ordinance because it was perceived that prosecution would be very rare and could
be handled through the Yakima County Prosecutor's office with minimal impact to City
resources. Recent incidents have made it clear that this is a more frequent problem
than staff initially perceived. RCW 39.34.180 requires the City of Yakima to pay for
the prosecution, adjudication, sentencing and incarceration of all misdemeanor and
gross misdemeanors that arise within the City of Yakima. In order to avoid paying
Yakima County to prosecute violations of Layla's Law arising in the City of Yakima,
the ordinance must be incorporated into the Yakima Municipal Code. Violations will
engender fiscal impact for court, prosecution, and police services.
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL—k 4 City Manager
STAFF RECOMMENDATION: Adopt ordinance
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2002 -41
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