Permit Requirements and Procedures for Professional Dog Service Business Use of Parks and Recreation Division Property
Department/Issuing Agency: Department of Natural Resources and Parks
Effective Date: September 5, 2011
Approved: /s/ Christie True
Type of Action: New
Signed document (PDF, 396KB)
1.0 SUBJECT TITLE: Permit Requirements and Procedures for Professional Dog Service Business Use of Parks and Recreation Division Property.
1.1 EFFECTIVE DATE: 30 days after approval date
1.2 TYPE OF ACTION: New
1.3 KEYWORDS: Dog Walker; Permit Fee; Marymoor Park; Concession; Pet Sitting; Off-Leash; Dog Park; Dog Day Care.
2.0 PURPOSE: To implement the provisions of King County Code Chapter 7.12.150 by issuance of concessionaire permits to manage professional dog service business operations on King County Parks Division property.
3.0 ORGANIZATIONS AFFECTED: Department of Natural Resources and Parks; Pet Service Providers; Purchaser or the public.
4.1 King County Code Chapter (K.C.C.) 4.57 - Revenue and Financial Regulation
4.2 K.C.C. 7.12.150 - Parks and Recreation -Rules for use of Facilities - Sale of goods or services.
4.3 K.C.C. 7.12.040 - Parks and Recreation - Rules for use of Facilities - Permits
4.4 K.C.C. 7.12.670 - Parks and Recreation - Rules for use of Facilities - Administrative Sanctions
4.5 Revised Code of Washington (RCW) Title 9A - Washington Criminal Code
5.1 "Professional Dog Service Business" refers to a private enterprise that provides services to individuals related to the care or training of pet dogs.
5.2 "Concession" means the privilege or authority to sell goods or services within parks and recreation facilities or to operate parks and recreation facilities or a portion thereof.
5.3 "Permit" means an authorization for the use of parks and recreation facilities that imposes conditions on the permittee in addition to those conditions imposed on the general public.
6.1 King County Code ("K.C.C.") Chapter 4.57 and K.C.C. 7.12.040 authorize the Parks and Recreation Division to issue a concession license or permit to conduct a business, such as a professional dog-walking business, in a King County park or recreation facility. Such licenses or permits are referred to herein as a "Permit." The holder of a Permit is referred to herein as a "Concessionaire"
6.2 To use a King County park for a private dog service business, the business must obtain an annual Professional Dog Services Concession Permit from King County Parks and Recreation Division. Permit requirements are:
6.2.1 Payment of current annual Professional Dog Services Concession Permit fee to Parks and Recreation Division each calendar year, and an impact fee which is paid to King County Parks Division or to an approved park stewardship organization such as Serve Our Dog Areas (S.O.D.A) or; in lieu of cash payment of impact fee, performance of approved, documented park stewardship hours equivalent to the impact fee. The annual permit and impact fee rates will be published in the Parks and Recreation Division Fees in December for the following year. 2011 rates are as follows:
$.52 X estimated number of visits per dog, per year, maximum $702 per permit each calendar year
Stewardship Hours Credit
$20/hour, up to 35 hours
6.2.2 Possession of valid insurance coverage. See Appendix 9.1
6.2.3 Possession of current Washington State Business License.
6.2.4 Adherence to the "Rules of Conduct for Professional Dog Services Concession Permit Holder," See Appendix 9.2.
6.3 Enforcement: King County's strong preference is for Concessionaires to voluntarily comply with their Permit, and to self-police each other. Except for Bad Behavior as described in Section 6.3.1, the initial method of Permit enforcement will be by a request for voluntary compliance. The person making the request for voluntary compliance should document the date, time, place, and manner (oral or written) in which the request is made, but such documentation is not mandatory. Inadvertent or minor violations that might otherwise be grounds for Permit revocation will ordinarily be corrected or resolved without Permit revocation.
6.3.1 Bad Behavior will not be tolerated. Bad Behavior includes, but is not limited to fighting, insults, profanity, threats, or other unlawful, violent, aggressive, rude, abusive, or plainly discourteous behavior. Each incident or type of Bad Behavior constitutes an independent and separate basis for King County to revoke a Permit, or to deny a subsequent Permit application. For Permit purposes, a "threat" is a statement that objectively communicates, to a particular individual or group of individuals, a serious expression of an intent to commit an act of unlawful violence. It is irrelevant whether the person making the threat subjectively intends to carry it out.
6.3.2 Enforcement may be based on observations by King County staff, by the King County Sheriff or sheriff's deputies ("the Sheriff"), by the Division Director or his or her designee ("the Director"), or upon civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause.
6.4 Revocation: The Director may revoke the Permit of any Concessionaire who engages in Bad Behavior as defined in Section 6.3.1, who fails to comply with Permit terms or the Permit code of conduct, who fails to comply with King County Code Chapter 7.12 (Rules for Park Use), or who commits an act which, if proven, would be a violation of RCW Title 9A. The Director's factual determinations shall have no collateral estoppel effect on any subsequent criminal prosecution or civil proceeding other than an appeal from the Director's decision, and shall not preclude litigation of those same facts in such other criminal prosecution or civil proceeding.
6.4.1 To revoke a Permit or deny a Permit application, the Sheriff or the Director will deliver a notice ("the Notice") in person to the Concessionaire or applicant, or by first class and certified mail to the last known address of the Permit holder or applicant. The Notice is deemed served and effective on the date the Notice is delivered in person, or three (3) days after the date the Notice is mailed (each, the "Revocation/Denial Date").
6.4.2 A Concessionaire whose Permit is revoked, or whose Permit application is denied, may not apply for a new Permit until January 1 of the following calendar year, or until six (6) months have elapsed from the Revocation/Denial Date, whichever is longer.
6.5 Appeal Process: Any Concessionaire whose Permit is revoked, or whose Permit application is denied, may, within fourteen (14) days of the service of the Notice, file a written appeal with the Director by mailing or delivering it to the Director at the mailing address listed below. E-mail and fax are not acceptable.
6.5.1 The written appeal must succinctly state the reasons that the initial decision should be modified or reversed and, to the extent applicable, must be accompanied by copies of the Permit or the Permit application, the Notice, and any other papers that may be relevant to the appeal.
6.5.2 The Director will review the appeal, without a hearing, based solely on the written materials provided by the person filing the appeal ("the Appellant"), by King County staff or agents, and by any third-party witnesses.
6.5.3 Within fourteen (14) days of the date on which the appeal is received, the Director must serve upon the Appellant a notice that the Director has affirmed, modified or reversed the initial decision. Such notice is deemed served upon the Appellant when it is personally delivered, or when it is sent by United States mail, with proper postage prepaid, to the name and address set forth on the Permit, the Permit application, or the appeal request. If such notice is not served upon the Appellant within fourteen (14) days of the date upon which the appeal is received, then the Permit revocation or application denial will be deemed reversed.
6.5.4 Appeals and other concession permit-related correspondence should be directed to:
Parks and Recreation Division
King County Department of Natural Resources and Parks
201 S. Jackson St. #700
Seattle, WA 98104
Dog Service Business
Submit application, fee payment for Professional Dog Services Concession Permit to Parks and Recreation Division. (See 6.1 of these rules for application requirements).
Parks and Recreation Division Staff
Review application for completeness. Collect fee, issue receipt. Issue permit.
Dog Service Business
Participate in approved stewardship activities if necessary. Submit documentation of participation to Parks and Recreation Division.
Parks and Recreation Division Staff
Verify documented participation. Record in permit holder file. Monitor permit holder compliance. Send notice of compliance or non-compliance to permit holders mid-year and end-of-year.
Dog Service Business
· Apply for permit;
· Pay applicable permit fee;
· Comply with the terms of permit;
Parks and Recreation Division Staff
· Review application for completeness.
· Process permit fees.
· Issue permits.
· Respond to inquiries and complaints from permit holders and public.
· Enforce compliance with permit requirements.
9.1 CONCESSION PERMIT HOLDER INSURANCE REQUIREMENTS
Commercial General Liability. Each concession permit holder ("Concessionaire") shall procure and maintain, for the duration of their permit, commercial general liability insurance against claims for injuries of persons or damages to property, which may arise from or in connection with Concessionaire's use of King County property. Such insurance shall be as broad as that provided by the Commercial General Liability "occurrence" form CG0001 (to include Products - Completed Operation) (ed. 11/88). The insurance limits shall be no less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage, and Two Million Dollars ($2,000,000) aggregate limit.
Automobile Liability. Concessionaire must have automobile insurance or other financial responsibility sufficient to comply with Washington State law (RCW chapter 46.30, Mandatory Liability Insurance, as now codified or hereafter amended).
Workers' Compensation. If Concessionaire has employees, then Statutory Workers' Compensation and One Million Dollars ($1,000,000) Employer's Liability/Stop Gap coverage is required.
The required liability insurance policies (except Automobile and Workers' Compensation) are to be endorsed to:
- Name "King County, its officers, officials, agents and employees" as additional insureds with respect to use of the Site as outlined in this Agreement (Form CG 2026 or its equivalent);
- Such coverage shall be primary and non-contributory insurance as respects King County;
- State that Concessionaire's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; and
- State that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except after forty-five (45) days prior written notice to King County.
The insurance provider must be licensed to do business in the State of Washington and have a Bests' rating of A-VIII or better. Any deductible or self-insured retention must have been declared to and approved by King County. The deductible and/or self-insured retention of the policies shall not limit or apply to Concessionaire's liability to King County and shall be the sole responsibility of Concessionaire.
Concessionaire to Assess Own Risks. By requiring such minimum insurance as specified herein, King County may not be deemed or construed to have assessed the risks that may be applicable to Concessionaire. Concessionaire will assess his or her own risks and, if Concessionaire deems appropriate or prudent, or both, Concessionaire should maintain greater limits or broader coverage.
9.2 Rules of Conduct for Professional Dog Services Concession Permit Holder
1. Limit pack to ten (10) dogs per visit (or maximum specified in pro rata/reduced use permit).
2. Wear current Marymoor Permit ID in a manner visible to the public at all times, using vest provided by the County.
3. Display current Marymoor Parking Permit in approved manner on vehicle.
4. Park in the Northeast parking lot, Lot G, unless otherwise approved or directed by park personnel.
5. Limit dog service-related visits to Monday thru Friday 10:00 a.m.--4:00 p.m. (or as specified in pro rata/reduced use permit).
6. Maintain professionalism:
- Keep your pack moving.
- Avoid distractions such as texting, listening to music, talking on a cell phone, etc.
- Limit conversations with patrons or other dog walkers to a short duration.
- Maintain voice control over your pack.
- Devote full attention to your pack to the maximum extent practicable.
- Exhibit courteous behavior with all people and dogs you encounter.
- Fighting, insults, profanity, threats, or other unlawful, violent, aggressive, rude, abusive, or plainly discourteous behavior will NOT be tolerated.
- Ensure all dogs in your pack wear a collar with a current pet license and identification with your contact information.
- Stop dogs in your pack from digging.
- Keep dogs out of off-limit areas, such as fenced areas along the river, athletic fields, Community Garden, and areas of re-growth.
- Immediately stop bothersome dog behavior (e.g., repetitive barking, extended growling, fighting, mounting, etc.).
- Properly dispose of bagged waste in designated trash receptacles.
7. Maintain distance from the public whenever possible:
a. Avoid busy water stops or groups of people.
b. Steer away from young children and timid or little dogs.
8. Pre-screen dogs for your pack--bring only those with proper social skills.
9. Do not bring dogs that exhibit aggressive behavior.
10. In addition to picking up waste from the dogs in your care, pick up other waste for ten minutes per visit.
11. Bulletin board ads should be no larger than 8 ½ x 11 inches, one (1) per board, without excessive staples.
12. Abide by all King County and S.O.D.A. Rules, including King County Code Chapter 7.12.