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Home My WebLink AboutCAP 2011-09-12 Item 2A - Ordinance - Livestock, Small Animals and FowlCity of Tukwila TO: FROM: DATE: SUBJECT ISSUE Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee Nora Gierloff, Deputy DCD Director September 7, 2011 Tukwila's Animal Regulations Should Tukwila's Animal Regulations at TMC 7.08 be revised to allow chickens to be kept on any lot regardless of area? BACKGROUND A citizen comment made at the May 16, 2011 Council Meeting requested that the City modify TMC section 7.08 to allow increased opportunities for residents to raise chickens. The following table compares the restrictions on chicken keeping in the South King County jurisdictions of Burien, Des Moines, SeaTac, Kent, and Renton, as well as Tukwila and Seattle. Burien NONE 20 ft NONE 3 2002 Des 22,000 sq ft 35 ft 45 ft 10 1981 Moines Tukwila 10,000 sq ft 20 ft 65 ft 12 1956 *Number allowed typically increases with lot size. Renton allows more than three chickens with an "additional animals permit." Renton allows chickens in rear yards only. SeaTac allows a total of 5 "outside animals," which includes chickens. Sources: Seattle Municipal Code 23.42.052, Renton Municipal Code 4 -4 -010, Kent Municipal Code 15.08.070, SeaTac Municipal Code 15.12.015, Burien Municipal Code 19.17.100, Des Moines Municipal Code 18.33.070, Tukwila Municipal Code 7.08 These results reveal that Tukwila's regulations at TMC 7.08, adopted in 1956, are the oldest and among the most restrictive of those examined. In the category of minimum lot size, Tukwila has the second most restrictive requirement, as no chickens are allowed on lots smaller than 10,000 square feet. Some jurisdictions do not require a minimum lot size for keeping chickens, instead allowing them as an accessory use. C:\ Temp \Content. Outlook \CBK006OU \2011- 9- 12_CAP_Memo.docx1 09/07/2011 1 Min. Lot Setback: Setback: Regs City Size Lot Line residence allowed* Revised Seattle NONE NONE loft 8 2010 Renton 6,000 sq ft I 10 ft* I NONE I 3* 2010 Kent 5,000 sq ft loft NONE 3 2007 SeaTac NONE NONE NONE 5* 2005 Burien NONE 20 ft NONE 3 2002 Des 22,000 sq ft 35 ft 45 ft 10 1981 Moines Tukwila 10,000 sq ft 20 ft 65 ft 12 1956 *Number allowed typically increases with lot size. Renton allows more than three chickens with an "additional animals permit." Renton allows chickens in rear yards only. SeaTac allows a total of 5 "outside animals," which includes chickens. Sources: Seattle Municipal Code 23.42.052, Renton Municipal Code 4 -4 -010, Kent Municipal Code 15.08.070, SeaTac Municipal Code 15.12.015, Burien Municipal Code 19.17.100, Des Moines Municipal Code 18.33.070, Tukwila Municipal Code 7.08 These results reveal that Tukwila's regulations at TMC 7.08, adopted in 1956, are the oldest and among the most restrictive of those examined. In the category of minimum lot size, Tukwila has the second most restrictive requirement, as no chickens are allowed on lots smaller than 10,000 square feet. Some jurisdictions do not require a minimum lot size for keeping chickens, instead allowing them as an accessory use. C:\ Temp \Content. Outlook \CBK006OU \2011- 9- 12_CAP_Memo.docx1 09/07/2011 1 INFORMATIONAL MEMO Page 2 1600 CJ 1000 Z U L a 800 0 600 E Z 400 200 0 Distribution of LDR Parcels by Parcel Area 2,000 6,500 Parcel Size (in square feet) 1400 1200 650 A, 1415 491 10,000 20,000 20,000 or larger The results of this analysis and possible changes to TMC 7.08 were presented to the Community Affairs and Parks Committee (CAP) on July 11 The Committee's direction was to focus changes to the code specifically on chickens and related housekeeping items, leaving the rules relating to other livestock, small animals and other fowl to be addressed at a later date. A draft ordinance revising TMC 7.08 with the following changes was presented to the CAP on August 8 th and the City Council on August 22n Allow chickens to be kept on parcels that are 6500 square feet or larger. 6500 square feet is the minimum conforming lot size in the Low Density Residential zone. This change will affect 1,415 LDR parcels in the city, 37% of all LDR parcels analyzed and an even larger percentage of parcels currently in single family use. Reduce setbacks to 10 feet between enclosures (coops, etc.) or fenced -in run areas and any residence or property line. Allow one chicken per 1000 square feet of parcel area. Prohibit the keeping of roosters, a common prohibition in urban areas due to noise concerns. Simplify the handling of animal waste and require that areas used by animals be kept clean to control odor, disease and pests. Exempt animals kept as pets from regulation in Chapter 7.08 as they fall under the more recently adopted Chapter 7.12. Specifically, guinea pigs, hamsters and parakeets are considered pets, while chinchillas and pigeons are now treated in the same way as rabbits. Delete obsolete references, such as those referring to a health officer or building superintendent. References to a health officer will instead refer to code enforcement officer. Allow residents to keep all animals that were legally owned before the changes are enacted. 1239 C:\ Temp \Content.Outlook \CBK0060U \2011- 9- 12_CAP_Memo.docx2 09/07/2011 2 6,500 10,000 INFORMATIONAL MEMO Page 3 DISCUSSION A citizen commented at the August 22n meeting that he would like the minimum lot size for keeping chickens to be removed, he supported the ban on roosters and that he supported allowing chickens to be kept at p- patches. The Council sent the ordinance back to Committee for further discussion. Staff followed up with both citizens who commented on this issue to ask if they had any further changes for the Council's consideration. Neither one had additional recommendations. The attached ordinance has been amended to remove the minimum lot size for keeping chickens, instead treating them as an accessory use. No change is required to allow chickens at p- patches. RECOMMENDATION The Committee is being asked to forward the ordinance to the full Council for consideration at the September 26th, 2011 Committee of the Whole meeting and subsequent October 3 2011 Regular Meeting. ATTACHMENTS A Minutes from 8/22/11 COW Meeting B Draft Ordinance C :\Temp \Content.Outiook \CBK0060U \2011- 9- 12_CAP_Memo.docx3 09/07/2011 3 rd AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 232 (PART) REGARDING LIVESTOCK, SMALL ANIMALS AND FOWL AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 7.08; REPEALING ORDINANCE NO. 232 §15, §17 AND §18; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila, Washington, recognizes the public health benefits of locally and organically sourced food; and WHEREAS, the City's current regulations regarding livestock, small animals and fowl were adopted in 1956 and do not reflect changing public health priorities or local and national trends toward greater acceptance of urban agriculture; and WHEREAS, the City Council recognizes the particular popularity of chickens among residents of urban areas due to the sustainable source of protein provided by their eggs, the relative ease of their care, and the relative quiet and unassuming nature of chicken hens; and WHEREAS, the City Council desires to allow more residents of the City opportunities to participate in the keeping of chickens for recreation and to provide themselves with a supplemental source of nutrition; and WHEREAS, the City Council has received comments from the public to the effect that the City's current regulations of livestock, small animals and fowl are needlessly onerous in relation to the keeping of chickens; and WHEREAS, the City desires to amend the City's current regulations of livestock, small animals and fowl to provide more regulatory flexibility for the keeping of chicken hens on small lots; to protect the public health, safety, and welfare by preventing nuisances; and to improve enforceability; and W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 9 -7 -11 NG:bjs Page 1 of 5 R. WHEREAS, these goals will be promoted by eliminatinploweFing the minimum lot size requirement for the keeping of chickens, reducing setback requirements, prohibiting roosters, exempting certain household pets from regulation, simplifying the regulation of manure handling and removal, and removing or amending language and references from Chapter 7.08 of the Tukwila Municipal Code that are out of date or inconsistent; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code (TMC) Section 7.08.030, "Small animals and fowl defined," Amended. Ordinance No. 232 §3, as codified at TMC Section 7.08.030, is hereby amended to read as follows: 7.08.030 Small animals and fowl defined. "Small animals and fowl," where used in this chapter means and includes rabbits, chinchillas, chickens, geese, ducks, turkeys and pigeons. Section 2. TMC Section 7.08.040, "Chinchillas, guinea pigs, hamsters, parakeets and pigeons," Amended. Ordinance No. 232 §3(a), as codified at TMC Section 7.08.040, is hereby amended to read as follows: 7.08.040 Animals kept as pets. Dogs, cats, guinea pigs, hamsters, ferrets, fish, parrots, parakeets and similar animals kept as household pets within a dwelling unit will not be subject to the limitations of this chapter. Dogs and cats are regulated by TMC Section 7.12. Section 3. TMC Section 7.08.050, "Rabbits, chickens, geese, ducks and turkeys," Amended. Ordinance No. 232 §3(b), as codified at TMC Section 7.08.050, is hereby amended to read as follows: 7.08.050 Roosters prohibited. The keeping of roosters within the City limits is prohibited. Section 4. TMC Section 7.08.070, "Number of livestock allowed," Amended. Ordinance No. 232 §5, as codified at TMC Section 7.08.070, is hereby amended to read as follows: 7.08.070 Number of livestock allowed. The number of horses, cows or cattle, sheep, goats or swine allowed on any given piece or parcel of property shall be regulated by the duly appointed Code Enforcement Officer of the City. W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 9 -7 -11 NG:bjs Page 2 of 5 .•J Section 5. TMC Section 7.08.100, "Minimum area for keeping," Amended. Ordinance No. 232 §8, as codified at TMC Section 7.08.100, is hereby amended to read as follows: 7.08.100 Minimum area for keeping animals. With the exception of chickens, no livestock, small animals or fowl shall be kept on any property within the City limits where the parcel does not contain a minimum of 10,000 square feet of area. Ne- GChickens mav&hafl be kept as an accessory to anv legal use regardless of the area of the parcel where the paaFG l rl cr cTees not GentaRn a rn of 6,50 -JGare foot of area Section 6. TMC Section 7.08.110, "Number of animals per area size," Amended. Ordinance No. 232 §9, as codified at TMC Section 7.08.110, is hereby amended to read as follows: 7.08.110 Number of animals per property area. Small animals and fowl shall be permitted in numbers as follows: 1. Twelve rabbits, twelve chinchillas, twelve pigeons or any combination of rabbits, chinchillas or pigeons, not to exceed a total of twelve collectively, for 10,000 square feet of property. 2. The number of rabbits, chinchillas or pigeons may be increased by 1 /10th for each additional 1,000 square feet of property. 3. Six geese, six ducks, six turkeys or any combination of geese, ducks or turkeys, not to exceed a total of six collectively for 10,000 square feet of property. 4. The number of geese, ducks or turkeys may be increased 1 /10th for each additional 1,000 square feet of property. 5. One chicken per every 1,000 square feet of property. 6. At no time shall the total number of small animals or fowl exceed a total of twelve for each 10,000 square feet of property. Section 7. TMC Section 7.08.120, "Distance from human habitation," Amended. Ordinance No. 232 §10, as codified at TMC Section 7.08.120, is hereby amended to read as follows: 7.08.120 Distance from human habitation. Enclosures for the housing of small animals and fowl shall be built and located not less than 10 feet from any place of human habitation and property line. The roaming area for the small animals and fowl shall be fenced and located not less than 10 feet from any adjacent place of human habitation. W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 9 -7 -11 NG:bjs Page 3 of 5 17 Section 8. TMC Section 7.08.150, "Manure removal," Amended. Ordinance No. 232 §13, as codified at TMC Section 7.08.150, is hereby amended to read as follows: 7.08.150 Animal waste and food waste. A. All enclosures, confinement areas, and /or open run areas shall be kept clean. Provision shall be made for the removal of animal waste and food waste so that the areas are kept free from infestation of insects, rodents or disease, as well as to prevent obnoxious or foul odors. Animal waste shall be properly disposed of and any accumulated animal waste must not be stored within the parcel setback area. Any storage of animal waste must not constitute a nuisance. B. Manure shall not be allowed to collect in any place where it can prejudicially affect any source of drinking water. C. Manure, when used as a fertilizer, must be plowed or spaded under within 24 hours after application. Section 9. TMC Section 7.08.160, "Enforcement," Amended. Ordinance No. 232 §14, as codified at TMC Section 7.08.160, is hereby amended to read as follows: 7.08.160 Enforcement. The Code Enforcement Officer for the City shall be authorized to enforce this chapter, unless otherwise provided. Section 10. TMC Section 7.08.180, "Exemptions," Amended. Ordinance No. 232 §16, as codified at TMC Section 7.08.180, is hereby amended to read as follows: 7.08.180 Exemptions. A. Residents may keep all animals legally owned and kept prior to the effective date of this ordinance, provided they do not constitute a nuisance. B. Any person, persons, firm or corporation who discontinues the keeping or reduces the number of livestock, small animals or fowl for a period of more than 90 days, or who sells or transfers his property, shall then become subject to all the provisions of this chapter. Section 11. Repealer. Ordinance No. 232 §15 relating to the issuance of permits for housing, §17 relating to fines for violations, and §18 relating to violations considered as separate offenses are hereby repealed. Section 15: The building super sha iss all permits fer hG king West-Gc- s mall a cm u imams and fogeil Bu il d ino s ma rina t be n Gemp l eted, -iRGlu Rn maR ire pit within 60 days after issuanne of permit W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 9 -7 -11 NG:bjs Page 4 of 5 9 j r-TIMP-r-7.1 1k NG FST Section Section 12. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 13. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2011. ATTEST /AUTH E NTI CATE D: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 9 -7 -11 NG:bjs Page 5 of 5 I•