WSR 09-08-016

PERMANENT RULES

UNIVERSITY OF WASHINGTON


[ Filed March 23, 2009, 9:44 a.m. , effective April 23, 2009 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The new chapter 478-128 WAC, Animal control at the University of Washington, removes the animal control rules from their current location as sections in chapter 478-124 WAC, General conduct code for the University of Washington, and creates a stand-alone chapter for this subject matter. The order also updates WAC 478-108-010 Matters subject to brief adjudication, by adding a subject previously missing, amending chapter references pertaining to the new animal control chapter, and removing a subsection that is no longer accurate.

Citation of Existing Rules Affected by this Order: Repealing WAC 478-124-060, 478-124-070, 478-124-080, 478-124-090 and 478-124-100; and amending WAC 478-108-010.

Statutory Authority for Adoption: RCW 28B.20.130 for all sections; in addition, chapter 34.05 RCW for WAC 478-108-010.

Adopted under notice filed as WSR 09-01-121 on December 19, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 1, Repealed 5.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 1, Repealed 5.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 19, 2009.

Rebecca Goodwin Deardorff

Director of Rules Coordination

OTS-2064.1


AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02, effective 8/24/02)

WAC 478-108-010   Matters subject to brief adjudication.   This rule is adopted in accordance with RCW 34.05.479 through 34.05.494, the provisions of which are hereby adopted. Brief adjudicative procedures shall be used in all matters related to:

(1) Appeals from residency classifications under RCW 28B.15.013 as established in chapter 478-160 WAC;

(2) Appeals from traffic ((and)), parking violations and skateboard impoundment as provided for in chapters 478-116, 478-117 and 478-118 WAC;

(3) Challenges to contents of educational records as provided for in chapter 478-140 WAC;

(4) Proceedings under the animal control policy as detailed in chapter ((478-124)) 478-128 WAC;

(5) Requests for reconsideration of admission decisions as provided for in chapter 478-160 WAC;

(6) Appeals of library charges as provided in chapter 478-168 WAC;

(7) Reviews of denials of public records requests as provided in chapter 478-276 WAC;

(8) Federal financial aid appeals as provided for by federal law; and

(9) Collection of outstanding debts owed by students or employees((; and

(10) Appeals from areas exempt from the rules requirements of chapter 34.05 RCW including standards of admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships (except for all aspects of faculty and librarian employment relationships), and fiscal processes)).

[Statutory Authority: Chapter 34.05 RCW. 02-15-174, 478-108-010, filed 7/24/02, effective 8/24/02; 02-08-023, 478-108-010, filed 3/26/02, effective 5/1/02; 90-15-005, 478-108-010, filed 7/6/90, effective 8/6/90.]

OTS-2063.1

Chapter 478-128 WAC

ANIMAL CONTROL AT THE UNIVERSITY OF WASHINGTON


NEW SECTION
WAC 478-128-010   Purpose.   It is the policy of the University of Washington to secure and maintain a level of animal control that protects human health and safety, prevents animals from hindering university employees, students, and members of the public on university property, prevents property damage, and to the greatest degree practicable, prevents cruelty to animals. It is the purpose of these rules to fulfill the objectives of the above policy.

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NEW SECTION
WAC 478-128-020   Definitions.   "Animal" means any living creature except human beings, fish, any research animal maintained in university facilities, or natural wildlife inhabiting university property. This definition includes, among other things, pets.

"Imminent danger" means a threat to human and/or animal life or university property that is immediate or reasonably foreseeable under the circumstances.

"Organic debris" means animal feces, urine, vomit, blood, etc.

"Owner" means any person having an interest in or right of possession to an animal, or any person having control, custody, or possession of an animal.

"Running at large" means to be off the owner's residential premises and not under the owner's direct control.

"Service animal" means an animal, including guide dogs, individually trained to do work or perform tasks for the benefit of an individual with a disability, as defined by applicable state and/or federal laws, which includes but is not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing, providing minimal protection, pulling a wheelchair, or fetching dropped items.

"Service animal in training" means an animal that is being trained for the purpose of assisting or accommodating an individual with a disability as defined by applicable state and/or federal laws.

"University property" means property that the university owns as well as property that the university operates, leases, rents, or otherwise controls.

"Working animal" means an animal that is trained for specific tasks and under the control of police, security or emergency personnel, or other university employees or agents. Examples of working animals include, but are not limited to, patrol, rescue, or sentry dogs and therapy animals.

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NEW SECTION
WAC 478-128-030   Animal control.   (1) All animals brought onto university property shall be subject to license and leash laws of the applicable city, county, or state jurisdiction.

(2) Except as provided in (a) through (e) of this subsection, no animals shall be allowed in any buildings or structures the university owns, operates, leases, rents, or controls.

(a) "Service animals" and "service animals in training" may be permitted consistent with university policies, and/or state and federal laws.

(b) Working animals under the control of police, security or emergency personnel, or a trained university employee may be permitted for specific functions consistent with the animal's training.

(c) Pets may be permitted in university residences for students, employees, patient's families, and the general public, consistent with housing agreements and policies established for each residence facility.

(d) The recognized university mascot, properly leashed, may be permitted at appropriate university assemblages in auditoria, ballrooms, dining areas, and at athletic events.

(e) Animals included as part of special events may be permitted, subject to guidelines established for specific university facilities and those established by the use of university facilities committee in accordance with chapters 478-136 and 478-137 WAC (for example, hosting a visiting team's animal mascot at Husky football games).

(3) Further restrictions to animals may apply to specific areas of university property, consistent with university policies and/or state and federal laws, including, but not limited to, food preparation areas, animal research facilities and grounds, medically sensitive patient and clinic areas, and biologically sensitive or hazardous research sites.

(4) No animal shall be permitted to run at large on university property. Animals that are tethered in the owner's absence and not under the owner's direct control are also considered to be "running at large."

(5) No animal shall be permitted to enter any pond, fountain, or stream located on university property.

(6) No animal which emits frequent or long-continued noise so as to disturb or disrupt normal administrative or academic routine shall be permitted on university property. Moreover, any animal that places human and/or animal life or university property in imminent danger shall be removed immediately from university property.

(7) Fecal matter or other organic debris deposited by animals must be removed immediately and properly disposed of by the animal's owner.

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NEW SECTION
WAC 478-128-040   Enforcement and penalties.   (1) Any animal found on university property under conditions violating any provision of this chapter shall be subject to apprehension and impoundment in accordance with the requirements of the applicable university, city, county or state rules, regulations, or laws.

(2) Owners found in violation of any provision of this chapter may be cited, banned from any university property, or otherwise fined or penalized as provided under applicable university, city, county, or state rules, regulations, or laws.

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OTS-2068.1


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 478-124-060 Animal control policy -- Purpose.
WAC 478-124-070 Animal control policy -- Definitions.
WAC 478-124-080 Animal control policy -- Animal control.
WAC 478-124-090 Animal control policy -- Enforcement.
WAC 478-124-100 Animal control policy -- Penalties.

Washington State Code Reviser's Office