WSR 10-15-110

PROPOSED RULES

WASHINGTON STATE UNIVERSITY


[ Filed July 21, 2010, 8:23 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-11-091.

Title of Rule and Other Identifying Information: The university is updating the health and safety regulations for university property, chapter 504-36 WAC.

Hearing Location(s): Lighty 403, WSU Pullman, Pullman, Washington, on August 30, 2010, at 4:00 p.m.

Date of Intended Adoption: October 8, 2010.

Submit Written Comments to: Ralph Jenks, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, e-mail jenks@wsu.edu, fax (509) 335-3969, by August 30, 2010.

Assistance for Persons with Disabilities: Contact Deborah Bartlett, (509) 335-2005, by August 27, 2010.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To protect wildlife research, the university needs the ability to further control access by dogs and other animals to certain portions of university property.

Statutory Authority for Adoption: RCW 28B.30.150.

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

Name of Proponent: Washington State University, public.

Name of Agency Personnel Responsible for Drafting: Rich Heath, Senior Associate Vice-President, Business and Finance, French Administration 442, Pullman, Washington 99164-1045, (509) 335-5581; Implementation and Enforcement: Roger Patterson, Vice-President for Business and Finance, French Administration 442, Pullman, Washington 99164-1045, (509) 335-5524.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule has no impact on small business.

A cost-benefit analysis is not required under RCW 34.05.328. The university does not consider this rule to be a significant legislative rule.

July 21, 2010

Ralph T. Jenks, Director

Procedures, Records, and Forms

and University Rules Coordinator

OTS-3454.1


AMENDATORY SECTION(Amending WSR 08-24-026, filed 11/24/08, effective 12/25/08)

WAC 504-36-020   Control of animals.   This section governs the control of animals and pets on property owned or controlled by Washington State University.

(1) This section does not apply to animals owned by the university or under its care, custody, and/or control.

(2) Subsections (3) and (8) of this section do not apply to trained guide dogs or service animals that are being used by persons with disability.

(3) Animals are not permitted in university buildings, except in facilities that are the site of university-authorized events, such as stock shows, horse shows, parades, or demonstrations at sporting events, where the animals are participants in said events, or as allowed by university housing policies. The vice-president for business and finance, the president, the chancellor of a branch campus, or such other person as the president may designate, may waive this subsection for guide dogs in training or service animals in training, provided that such animals are present on campus with trainers or handlers who have a demonstrated history of training such animals.

(((2) Livestock and horses are not permitted on university property, except as allowed in subsection (3)(e) of this section. Other)) (4) Animals are not permitted on university property unless under immediate control of their keeper, except as otherwise allowed under this rule. "Keeper" includes an owner, handler, trainer, or any person responsible for the control of an animal. "Under control" means the restraint of an animal by means of a leash or other device that physically restrains the animal to the keeper's immediate proximity. An animal which is otherwise securely confined while in or upon any motor vehicle, including a trailer, is deemed to be under control.

(((3))) (5) The requirement that animals be under immediate control of their keeper does not apply to:

(a) A dog being exercised in any area designated by the university as leash optional;

(b) A dog undergoing training at a certified dog obedience class on the university campus and authorized by the dean of the college of veterinary medicine, the vice-president for business and finance, the president, or the president's designee;

(c) A dog while being exhibited in an organized dog show on university property;

(d) A dog trained to aid law enforcement officers while being used for law enforcement purposes or during demonstrations to illustrate the dog's capabilities; ((and))

(e) A dog trained and under the control of a university farm manager to aid farm managers while moving or handling livestock; and

(f) An animal participating in a university-authorized event, such as a stock show, horse show, parade, extension or outreach event, or demonstrations at a sporting, teaching, or agricultural event.

(((4))) (6) Any stray dog or other animal that is running loose on university property is subject to impound by local authorities in accordance with the municipal or county ordinances that apply to each campus.

(((5))) (7) The keeper of any animal must remove for disposal any fecal matter deposited by the animal on university premises before the keeper leaves the area where the matter was deposited. This requirement does not apply to an individual who, by reason of disability, is unable to comply, or to individuals bringing animals to university-authorized events where arrangements have been made for the removal of fecal matter.

(((6) This section does not apply to animals owned by the university or under its care, custody, and/or control.

(7) Subsection (1) of this section does not apply to trained guide dogs or service animals that are being used by persons with disability.))

(8) The vice-president for business and finance, the president, the chancellor of a branch campus, or such other person as designated by the president, may designate((, will waive subsection (1) of this section for guide dogs in training or service animals in training, provided that such animals are present on campus with trainers or handlers who have a demonstrated history of training such animals)) areas on a campus otherwise open to the public as restricted from access by dogs or other animals even when under the control of their keepers for safety reasons or where the presence of dogs or other animals conflicts with the educational or research missions of the university.

[Statutory Authority: RCW 28B.30.150. 08-24-026, 504-36-020, filed 11/24/08, effective 12/25/08; Order 77-2, 504-36-020, filed 8/3/77; Order 3, 504-36-020, filed 8/5/71.]

Washington State Code Reviser's Office