WSR 08-01-028

PROPOSED RULES

OLYMPIC COLLEGE


[ Filed December 10, 2007, 11:08 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-21-039 [07-21-038].

Title of Rule and Other Identifying Information: Animal control policy, this is a new policy for Olympic College that governs the control of pets and other animals on and in all campuses and buildings owned or controlled by Olympic College.

Hearing Location(s): Olympic College Board Room, Fifth Floor, College Service Center, 1600 Chester Avenue, Bremerton, WA 98337, on January 29, 2008, at 3:00 p.m.

Date of Intended Adoption: January 29, 2008.

Submit Written Comments to: Thomas Oliver, Olympic College, CSC 210, 1600 Chester Avenue, Bremerton, WA 98337, e-mail toliver@olympic.edu, fax (360) 475-7502, by January 11, 2008.

Assistance for Persons with Disabilities: Contact Karen Fusco by January 7, 2008, TTY (360) 475-7543 or (360) 457-7542 [475-7542].

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This policy will provide a clear outline of Olympic College policy regarding animals on all of its campuses. To date, no other written policy on this issue exists. Having a written policy will facilitate consistent treatment of animals on the campus and afford security appropriate authority when and if circumstances require action.

Reasons Supporting Proposal: The lack of a clear policy has caused confusion and inconsistency in dealing with animal control on the Olympic College campuses. This policy provides appropriate rules for animal control to assure a safe campus and learning environment.

Statutory Authority for Adoption: Chapter 28B.50 RCW.

Statute Being Implemented: Chapter 28B.50 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: College Council, Olympic College, governmental.

Name of Agency Personnel Responsible for Drafting: Candace Alvarez, College Council President, 1600 Chester Avenue, Bremerton, WA 98337, (360) 475-7322; Implementation: Thomas Oliver, 1600 Chester Avenue, Bremerton, WA 98337, (360) 475-7502; and Enforcement: Safety and Security, 1600 Chester Avenue, Bremerton, WA 98337, (360) 475-7800.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There will be no impact on any entity other than Olympic College.

A cost-benefit analysis is not required under RCW 34.05.328. There is no significant economic impact.

December 13 [10], 2007

Thomas Oliver

Rules Coordinator

OTS-1132.1


NEW SECTION
WAC 132C-10-041   Animal control policy.   (1) This section governs the control of pets and other animals on and in all campuses and buildings owned or controlled by Olympic College.

(2) Except as provided herein, no person may bring an animal into a building owned or controlled by the college. This provision shall not apply to or prohibit a service animal as defined under RCW 49.60.040 (23) and (24), an animal under the control of a law enforcement officer, or an animal authorized by the college for educational purposes.

(3) Animals are permitted on the campus grounds only when under the direct control of their owners or keepers. Direct control for this purpose means control by means of a leash, cage, bridle, or other restraining device held by the owner or keeper, except that reasonable modifications of this provision may be made to accommodate a service animal.

(4) No animal whether on the campus grounds or in a college building, shall be permitted to run at large, to disrupt the college's programs or activities, or to pose a direct threat to the health or safety of others.

(5) Any violation of this section will be cause for removal of the violator and/or animal from campus and/or disciplinary action against the violator. An animal found in violation of this section may also be subject to impoundment under city or county animal control ordinances. Violations may be reported to campus security; however, community support is urged in reminding pet owners of their obligation if a violation is observed by a community member.

(6) A student or employee who is responsible for an animal that is repeatedly in violation of this section may be subject to the disciplinary proceedings appropriate to his or her status. Visitors to campus who are responsible for an animal that repeatedly fails to comply with this section may be subject to legal process.

(7) Brief adjudicative proceedings under RCW 34.05.482 through 34.05.494, shall be used in all matters relating to the college's enforcement of this section.

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Washington State Code Reviser's Office