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Ocean Shores committee advances plan to transfer city kennel operations to nonprofit

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Summary

The Ocean Shores Public Safety Committee reviewed proposed amendments to the municipal code and a draft lease/MOU to allow a 501(c)(3) to operate the city kennel; the committee agreed to bring the items back to the full council for approval after further review of liability and capacity issues.

Ocean Shores Public Safety Committee members reviewed proposed changes to the city municipal code and a draft lease and memorandum of understanding intended to allow a local nonprofit to take over day-to-day operation of the municipal animal kennel.

Committee members said the proposal would keep the building under city ownership while shifting routine operations, boarding and adoption revenue, and most operational responsibility to a 501(c)(3) nonprofit. Committee members and staff said the city would continue to collect statutory impound fees and remain responsible for major structural repairs.

The committee discussed two connected items: amendments to the Ocean Shores Municipal Code to permit nonprofits to run the kennel where the code currently references city-run operations, and a proposed lease and memorandum of understanding (MOU) that would set operating responsibilities, insurance and liability limits. Staff and volunteers said they opened a general request for a nonprofit and that a group calling itself the Salty Dog Animal Rescue (referred to in the meeting) has come forward to operate the kennel under the proposed arrangement.

Committee members and staff said the draft code changes remove language that had limited when animals could be retrieved (specifically removing the prior exclusion of Saturdays, Sundays and holidays for reclaiming impounded animals) so that, with nonprofit staffing, animals could be reclaimed outside standard weekday business hours. Staff also said a portion of the code allowing people to surrender unwanted animals (identified in the draft as a section in the code) was removed; under the proposed MOU the nonprofit would guarantee three of the kennel panel's five available surrender slots to the city while otherwise prioritizing returning animals to their owners or finding alternative placements to avoid overloading the kennel.

On liability and insurance, staff said the Washington Cities Insurance Authority (WCIA) was consulted and that the nonprofit would be required to carry insurance limits recommended by WCIA; committee members were told the change would move most day-to-day liability from the city to the nonprofit. Legal counsel for the city (Kendra Rosenberg) reviewed the draft agreement and staff cited a similar arrangement used by the city of Auburn as precedent.

Committee members raised operational questions, including kennel capacity in emergencies and how volunteers would meet demand during disasters. Staff and volunteers said current kennel space is limited and that the department uses roughly two-thirds of a building that could allow expansion if other city functions relocate. The committee also discussed impound fee handling: staff confirmed the city will still collect impound fees when an officer brings an animal to the kennel, while the nonprofit would receive boarding, adoption and other fees collected after intake, per the draft code language and MOU.

Members of the committee indicated their questions about liability and capacity were substantive but centered on implementation details in the MOU and lease rather than the code amendment itself. The committee voted by consensus to bring the two items back to the full Ocean Shores City Council for formal consideration at a future council meeting.

Committee staff said public comment on the code amendment had not been scheduled for this committee meeting; staff indicated public comment would likely occur when the items return to the full council agenda. Staff also said the draft code did not name the nonprofit organization explicitly so future handoffs could proceed without further code amendments if a different nonprofit were to take over.

The committee directed staff to prepare the ordinance amendment and the lease/MOU for council consideration and to continue coordinating with the city attorney and WCIA on insurance and liability language. The items will appear on a future council agenda for formal action.