WSR 14-19-095
[Filed September 16, 2014, 10:47 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-15-100.
Title of Rule and Other Identifying Information: Repealing WAC 172-122-400 Pet control and 172-122-410 Penalties for violations of pet control regulations; and adopting chapter 172-115 WAC, Animal control, to update rules and associated procedures related to animals and pets on property owned or operated by Eastern Washington University.
Hearing Location(s): Eastern Washington University, Main Campus, Showalter Hall, Room 201, Cheney, Washington 99004, on November 5, 2014, at 11:00 a.m.
Date of Intended Adoption: November 21, 2014.
Submit Written Comments to: University Policy Administrator, 214 Showalter Hall, Cheney, WA 99004, e-mail, fax (509) 359-7036, by November 4, 2014.
Assistance for Persons with Disabilities: Contact Trent Lutey by November 4, 2014, (509) 359-6322.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These revisions update university standards and processes concerning the presence of pets and other animals on property owned or controlled by Eastern Washington University. These changes are needed to better support local ordinances and better reflect current practices.
Statutory Authority for Adoption: RCW 28B.35.120(12).
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Trent Lutey, 214 Showalter, Cheney, WA 99004, (509) 359-6322; Implementation and Enforcement: Laurie Connelly, 214 Showalter, Cheney, WA 99004, (509) 359-2371.
No small business economic impact statement has been prepared under chapter 19.85 RCW. WAC revision does not impose a disproportionate impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. Chapter 172-121 [172-115 and 172-122] WAC is not considered a significant legislative rule by Eastern Washington University.
September 16, 2014
Trent Lutey
University Policy Administrator
Chapter  172-115  WAC
WAC 172-115-010 Definitions.
(1) "Pet" includes all nonhuman mammals, birds, reptiles, and amphibians. "Pet" does not include service or working animals.
(2) "Owner" means any person having control, custody, or possession of a pet.
(3) "Service animal" means an animal that is trained for the purpose of assisting or accommodating a person's sensory, mental, or physical disability, as defined by applicable state and/or federal laws.
(4) "University property" means property that the university owns, operates, leases, rents, or otherwise controls.
(5) "Working animal" means an animal that is trained for specific tasks and under the control of police, security or emergency personnel, or of a university employee. Examples of working animals include, but are not limited to, patrol, rescue, or sentry dogs.
WAC 172-115-020 Compliance with local regulations.
Title 7 of the municipal code of the City of Cheney, Washington, relating to animal control applies to university property within the City of Cheney, Washington. Relevant state, county, and municipal laws relating to animal control shall apply to all university property outside the City of Cheney, Washington.
WAC 172-115-030 Pets on campus.
Pets are permitted on university property only when their presence complies with all of the following requirements:
(1) All pets brought onto university property must be licensed and leashed as required by local ordinances and/or state law.
(2) Pets are not permitted inside university buildings, except pets may be permitted in housing facilities when the pet's presence fully complies with all applicable housing agreements and policies or when required by state or federal law.
(3) Owners shall maintain direct and continuous control of any pet brought onto university property. Owners shall not permit any pet to run at large on university property. Pets that are tethered in the owner's absence and not under the owner's direct control are considered to be running at large.
(4) Owners shall not permit any pet to enter any pond, fountain, or stream located on university property.
(5) Owners shall remove from university property any pet that disturbs or disrupts university activities or operations.
(6) Owners shall immediately remove from university property any pet that exhibits behavior that is threatening to people, other animals, or university property.
(7) Owners shall immediately clean-up and properly dispose of any feces or vomit created by their pets.
(8) Further restrictions to pets 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 biologically sensitive or hazardous areas.
WAC 172-115-040 Enforcement and penalties.
(1) Any pet found on university property in violation of the City of Cheney's municipal code may be reported to City of Cheney authorities.
(2) Owners found in violation of any provision of this chapter may be cited, banned from university property, or otherwise disciplined by the university.
The following sections of the Washington Administrative Code are repealed:
WAC 172-122-400
Pet control.
WAC 172-122-410
Penalties for violations of pet control regulations.