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5-23-19 PSC agenda packet Council Public Safety Committee 2nd Floor Conference Room City Hall May 23, 2019 3:00 p.m. Members: Staff: Others: Councilmember D. Gutierrez (chair) City Manager Cliff Moore Councilmember Cousens Councilmember White (alternate) Chief Matthew Murray Captain Gary Jones Fire Chief Aaron Markham City Prosecutor Cynthia Martinez Public Safety Communications Manager Brad Coughenour Public Works Director Scott Schafer Agenda 1) Approval of May 2, 2019 minutes 2) Department Reports a) Fire Department i) Fire monthly report – Markham b) Police Department i) Community policing– Mora c) Legal Department i) Barking dog ordinance - Martinez d) Public Works i) Garfield Elementary May 29th meeting - Schafer e) Codes f) Yakima County Emergency Management 3) New Business 4) Other Business a) Public Safety discussions with Yakima School District – Gutierrez i) Safe Routes to Schools ii) Gang prevention iii) Youth Development 5) Information items 6) Recap of future agenda items 7) Review items for committee reports to council 8) Audience Participation 9) Adjournment Administration Fire Suppression Fire Investigation Fire Training Fire Prevention Public Education 401 North Front Street, Yakima, WA 98901 (509) 575-6060 Fax (509) 576-6356 www.yakimafire.com “The Yakima Fire Department is dedicated to providing quality public safety services to our community.” MEMORANDUM To: Yakima City Council Thru: Public Safety Committee From: Aaron Markham, Fire Chief Re: Fire Department Update Date: May 16, 2019 The following report serves to list the activities and accomplishments of the City of Yakima Fire Department for the month of April. Incidents:  Attached are the incident reports for the months of April 2018 and April 2019. Fire Inspections:  Annual Fire Inspections- 204  Compliance Re-Inspection- 267  Fire Inspection Reports- 22  Event Inspections- 5  Total number of inspections- 498 Yakima, WA This report was generated on 5/17/2019 11:12:37 AM Yakima City Fire Department Breakdown by Major Incident Types for Date Range MAJOR INCIDENT TYPE # INCIDENTS % of TOTAL Fires 44 5.77% Overpressure rupture, explosion, overheat - no fire 1 0.13% Rescue & Emergency Medical Service 488 64.04% Hazardous Condition (No Fire)9 1.18% Service Call 75 9.84% Good Intent Call 107 14.04% False Alarm & False Call 36 4.72% Special Incident Type 2 0.26% TOTAL 762 100.00% Zone(s): All Zones | Start Date: 04/01/2018 | End Date: 04/30/2018 Doc Id: 553 emergencyreporting.com Only REVIEWED incidents included. Summary results for a major incident type are not displayed if the count is zero. Page # 1 of 3 Detailed Breakdown by Incident Type INCIDENT TYPE # INCIDENTS % of TOTAL 100 - Fire, other 7 0.92% 111 - Building fire 7 0.92% 113 - Cooking fire, confined to container 5 0.66% 114 - Chimney or flue fire, confined to chimney or flue 1 0.13% 118 - Trash or rubbish fire, contained 5 0.66% 130 - Mobile property (vehicle) fire, other 1 0.13% 131 - Passenger vehicle fire 5 0.66% 140 - Natural vegetation fire, other 3 0.39% 142 - Brush or brush-and-grass mixture fire 1 0.13% 143 - Grass fire 2 0.26% 150 - Outside rubbish fire, other 1 0.13% 151 - Outside rubbish, trash or waste fire 1 0.13% 154 - Dumpster or other outside trash receptacle fire 3 0.39% 155 - Outside stationary compactor/compacted trash fire 1 0.13% 160 - Special outside fire, other 1 0.13% 243 - Fireworks explosion (no fire)1 0.13% 300 - Rescue, EMS incident, other 13 1.71% 311 - Medical assist, assist EMS crew 60 7.87% 320 - Emergency medical service, other 16 2.10% 321 - EMS call, excluding vehicle accident with injury 346 45.41% 322 - Motor vehicle accident with injuries 20 2.62% 323 - Motor vehicle/pedestrian accident (MV Ped)1 0.13% 324 - Motor vehicle accident with no injuries.32 4.20% 411 - Gasoline or other flammable liquid spill 1 0.13% 412 - Gas leak (natural gas or LPG)1 0.13% 424 - Carbon monoxide incident 1 0.13% 440 - Electrical wiring/equipment problem, other 1 0.13% 444 - Power line down 3 0.39% 445 - Arcing, shorted electrical equipment 1 0.13% 460 - Accident, potential accident, other 1 0.13% 500 - Service Call, other 8 1.05% 510 - Person in distress, other 3 0.39% 511 - Lock-out 3 0.39% 520 - Water problem, other 5 0.66% 522 - Water or steam leak 2 0.26% 531 - Smoke or odor removal 1 0.13% 550 - Public service assistance, other 2 0.26% 551 - Assist police or other governmental agency 2 0.26% 554 - Assist invalid 46 6.04% 555 - Defective elevator, no occupants 1 0.13% 561 - Unauthorized burning 2 0.26% 600 - Good intent call, other 10 1.31% 611 - Dispatched & cancelled en route 86 11.29% 622 - No incident found on arrival at dispatch address 7 0.92% 631 - Authorized controlled burning 1 0.13% 641 - Vicinity alarm (incident in other location)1 0.13% 652 - Steam, vapor, fog or dust thought to be smoke 1 0.13% 653 - Smoke from barbecue, tar kettle 1 0.13% 700 - False alarm or false call, other 12 1.57% 710 - Malicious, mischievous false call, other 1 0.13% 711 - Municipal alarm system, malicious false alarm 1 0.13% 730 - System malfunction, other 2 0.26% 733 - Smoke detector activation due to malfunction 2 0.26% 736 - CO detector activation due to malfunction 1 0.13% 740 - Unintentional transmission of alarm, other 2 0.26% Doc Id: 553 emergencyreporting.com Only REVIEWED incidents included. Summary results for a major incident type are not displayed if the count is zero. Page # 2 of 3 Detailed Breakdown by Incident Type INCIDENT TYPE # INCIDENTS % of TOTAL 741 - Sprinkler activation, no fire - unintentional 2 0.26% 743 - Smoke detector activation, no fire - unintentional 8 1.05% 745 - Alarm system activation, no fire - unintentional 5 0.66% 900 - Special type of incident, other 2 0.26% TOTAL INCIDENTS:762 100.00% Doc Id: 553 emergencyreporting.com Only REVIEWED incidents included. Summary results for a major incident type are not displayed if the count is zero. Page # 3 of 3 Yakima, WA This report was generated on 5/17/2019 11:06:44 AM Yakima City Fire Department Breakdown by Major Incident Types for Date Range MAJOR INCIDENT TYPE # INCIDENTS % of TOTAL Fires 35 4.46% Overpressure rupture, explosion, overheat - no fire 2 0.25% Rescue & Emergency Medical Service 497 63.31% Hazardous Condition (No Fire)9 1.15% Service Call 82 10.45% Good Intent Call 101 12.87% False Alarm & False Call 59 7.52% TOTAL 785 100.00% Zone(s): All Zones | Start Date: 04/01/2019 | End Date: 04/30/2019 Doc Id: 553 emergencyreporting.com Only REVIEWED incidents included. Summary results for a major incident type are not displayed if the count is zero. Page # 1 of 3 Detailed Breakdown by Incident Type INCIDENT TYPE # INCIDENTS % of TOTAL 100 - Fire, other 2 0.25% 111 - Building fire 8 1.02% 113 - Cooking fire, confined to container 7 0.89% 116 - Fuel burner/boiler malfunction, fire confined 2 0.25% 117 - Commercial Compactor fire, confined to rubbish 1 0.13% 118 - Trash or rubbish fire, contained 2 0.25% 131 - Passenger vehicle fire 4 0.51% 138 - Off-road vehicle or heavy equipment fire 1 0.13% 140 - Natural vegetation fire, other 3 0.38% 141 - Forest, woods or wildland fire 1 0.13% 151 - Outside rubbish, trash or waste fire 2 0.25% 154 - Dumpster or other outside trash receptacle fire 1 0.13% 162 - Outside equipment fire 1 0.13% 240 - Explosion (no fire), other 1 0.13% 251 - Excessive heat, scorch burns with no ignition 1 0.13% 300 - Rescue, EMS incident, other 10 1.27% 311 - Medical assist, assist EMS crew 85 10.83% 320 - Emergency medical service, other 19 2.42% 321 - EMS call, excluding vehicle accident with injury 336 42.80% 322 - Motor vehicle accident with injuries 21 2.68% 323 - Motor vehicle/pedestrian accident (MV Ped)3 0.38% 324 - Motor vehicle accident with no injuries.22 2.80% 353 - Removal of victim(s) from stalled elevator 1 0.13% 411 - Gasoline or other flammable liquid spill 1 0.13% 412 - Gas leak (natural gas or LPG)1 0.13% 421 - Chemical hazard (no spill or leak)1 0.13% 440 - Electrical wiring/equipment problem, other 1 0.13% 444 - Power line down 2 0.25% 445 - Arcing, shorted electrical equipment 1 0.13% 461 - Building or structure weakened or collapsed 1 0.13% 462 - Aircraft standby 1 0.13% 500 - Service Call, other 5 0.64% 510 - Person in distress, other 8 1.02% 511 - Lock-out 3 0.38% 520 - Water problem, other 6 0.76% 522 - Water or steam leak 8 1.02% 550 - Public service assistance, other 1 0.13% 551 - Assist police or other governmental agency 2 0.25% 552 - Police matter 1 0.13% 554 - Assist invalid 48 6.11% 600 - Good intent call, other 8 1.02% 611 - Dispatched & cancelled en route 73 9.30% 621 - Wrong location 1 0.13% 622 - No incident found on arrival at dispatch address 16 2.04% 631 - Authorized controlled burning 1 0.13% 651 - Smoke scare, odor of smoke 1 0.13% 671 - HazMat release investigation w/no HazMat 1 0.13% 700 - False alarm or false call, other 14 1.78% 710 - Malicious, mischievous false call, other 1 0.13% 711 - Municipal alarm system, malicious false alarm 2 0.25% 714 - Central station, malicious false alarm 2 0.25% 730 - System malfunction, other 2 0.25% 733 - Smoke detector activation due to malfunction 5 0.64% 735 - Alarm system sounded due to malfunction 5 0.64% 740 - Unintentional transmission of alarm, other 6 0.76% Doc Id: 553 emergencyreporting.com Only REVIEWED incidents included. Summary results for a major incident type are not displayed if the count is zero. Page # 2 of 3 Detailed Breakdown by Incident Type INCIDENT TYPE # INCIDENTS % of TOTAL 742 - Extinguishing system activation 1 0.13% 743 - Smoke detector activation, no fire - unintentional 8 1.02% 744 - Detector activation, no fire - unintentional 4 0.51% 745 - Alarm system activation, no fire - unintentional 8 1.02% 746 - Carbon monoxide detector activation, no CO 1 0.13% TOTAL INCIDENTS:785 100.00% Doc Id: 553 emergencyreporting.com Only REVIEWED incidents included. Summary results for a major incident type are not displayed if the count is zero. Page # 3 of 3 City of Yakima Police Department Memorandum May 23, 2019 To: Council Public Safety Committee and City Manager, Cliff Moore From: Matthew Murray, Chief of Police Subject: Community Policing Update Events in May: Internet safety presentation at Robertson Elementary 5/8 District Officer at OIC/Henry Beauchamp Community Center 5/8 Community Academy had two classes, plus graduation 5/4, 5/7, 5/14 Wide Hollow Elementary end of year celebration 5/9 Coffee with a Cop at Vieras 5/9 Harman Center Senior Prom 5/11 District Officer meeting at Sun Tower 5/14 Preschool Presentations at Romp n Rhythm 5/15, 5/16 Yakima Safe Firearm Storage Event at Coastal 5/18 Lifejacket Giveaway at Lions Pool 5/18 Canyon for a Day bike ride 5/19 Wonderland Preschool K9 presentation 5/20 Block Watch/District Officer at Golden Villa 5/20 Our upcoming events are: Drug & alcohol presentation at Riverside Christian 5/30 First Responder Friday at the Ponderosa 5/31 Meet Your District Officer events at Starbucks 6/4 Human Trafficking talk at Shari’s 6/14 Summitview Elementary School Patrol 6/14 Safety School 6/15 Please contact our community services officers at 575-6197 for additional details on upcoming events. ________________________________ Matthew Murray, Chief of Police 200 S. 3rd Street Yakima, Washington 98901 Telephone (509) 575-6200 Fax (509) 575-6007 Gary Jones, Interim Chief of Police Chief of PPolicePolice CITY OF YAKIMA LEGAL DEPARTMENT 200 South Third Street, Yakima, WA 98901 (509) 575-6030 Fax: (509) 575-6160 MEMORANDUM DATE: May 20, 2019 TO: Public Safety Committee FROM: Jeffrey Allen Schaap, Assistant City Attorney SUBJECT: Barking dog ordinance The City of Yakima has regulated “barking dogs” in an effort to maintain and further the peace, quiet, and repose of our community for the general benefit of the public. The ordinance reads in full: (1) It is unlawful for any person in control of premises to keep, harbor or maintain thereon any dog or dogs which individually or together habitually bark, growl, yelp, howl or whine so loudly and for such a duration of time as to unreasonably disturb the peace, quiet, comfort and repose of others within the city of Yakima. Any such dog or dogs shall be declared a nuisance and may be seized and impounded if such disturbance reoccurs after the person in control of the premises has received two prior warnings within a period of six months from any law enforcement or animal control officer of the city. (2) It shall be an affirmative defense to subsection (1) of this section that the howling, yelping, barking or other noise complained of was by a guard dog or watch dog which was responding to intruders, trespassers or other persons entering onto or near the premises of the dog owner. Recently, a challenge was brought against the ordinance in Municipal Court— counsel for the defendant argued the ordinance was unconstitutionally void for vagueness. The City in briefing to the court argued that the ordinance was constitutional. For factual and procedural issues not pertinent to the constitutionality challenge this particular citation was ultimately dismissed. However, while I believe the City had a good chance of prevailing on the constitutionality challenge. This challenge did provide an opportunity for consideration and analysis of our “barking dog” ordinance. The City of Yakima is not alone in enacting a dog noise ordinance; dog related noise ordinances, commonly referred to as “Barking Dog” ordinances have been enacted by numerous municipalities and governmental sub divisions both in Washington and in various other states across the nation. Moreover, such ordinances have been subject to litigation. In City of Spokane v. Fischer the Washington Supreme Court held SMC 10.03.030 was unconstitutionally void for vagueness because it provided neither adequate Memorandum May 20, 2019 Page 2 notice to citizens of unlawful conduct nor adequate standards to prevent its arbitrary enforcement. The Spokane ordinance, however, lacked the “reasonableness” standard which is included in our ordinance. Nonetheless, our current ordinance when compared to some other city is decidedly less specific. While not necessarily unconstitutional, it provides less guidance to both animal control officers attempting to enforce the ordinance and citizens alike. It may be the case that as a policy we prefer to keep our current ordinance or it may be the case that we prefer to adopt an ordinance that it is more specific. A review of other ordinances shows some cities have included, distance specifications, time specifications, or specific warning processes. Attached to this memo are sample ordinances from other cities.