HomeMy WebLinkAboutReg 2011-10-03 Item 7C - Ordinance - Livestock, Small Animals and FowlCO UNcm AGENDA SYNOPSIS
Initial) ITEM NO.
Meetile� Date Prepared by Mayor',r review I Coiincikeview
08/22/11 JP ,A- I V-k/ 1
09/26/11 JP I OJ 1 7.C.
10/03/11 JP K, (fAlljl
ITEM INFORMATION
CAS NU;\aHr";IZ: 11-082 STAFF' SPONSOR: JACK PACE OIZIGINA].AGI?NI)A DA'r'I 8/22/11
Ar,r.NMA I rrlivi Trrlar, Update to Tukwila's Small Animal Regulations
Discu.rrion Motion resolution Ordinance BidAnvard .Public.Heariq Other
Atltg Dale M/g Date A�Itg Date A�ltg Date 10/3/11 tl7tg Date MI Dale MIS Date
R /7?Rc9 /fir
SPONSOIR Council Mayor HK DCD El Finance I IT PeiR Police 1 IF
SPONSOR'S TMC 7.08 which regulates the keeping of small animals and livestock has not been updated
SUMMARY since its adoption in 1956. Citizens interested in urban agriculture and local food
production have asked the Council to lower the minimum lot size for keeping chickens
below the current standard of 10,000 sf. The draft ordinance makes this change along with
minor housekeeping edits to make the regulations more enforceable.
cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 8/8/11,9/12/11 COMMITTEE CHAIR: S EAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
CO NINI"I" l' -I; Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
Exi URI" R1 I RFID AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0
Fund Source: NA
C'omnzents:
I MTG.DATEI RECORD OF COUNCIL ACTION
8/22/11 1 Forward the ordinance back to CAP to consider eliminating the minimum lot size
9/26/11 IForward to next Regular Meeting
10/3/11
MTG. DATE I ATTACHMENTS
8/22/11 I Informational Memorandum dated 8/3/11
Ordinance in Draft Form
Minutes from the Community Affairs and Parks Committee meeting of 7/11/11 8/8/11
9/26/11 Informational Memorandum dated 9/16/11
Ordinance in Draft Form
Minutes from Community Affairs and Parks meeting of 9/12/11 and C.O.W. of 8/22/11
10/3/11 Ordinance in final form
37
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Washin
Ordinance No.
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
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WHEREAS, these goals will be promoted by eliminating 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.
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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. Chickens may be kept as an accessory to any legal use regardless
of the area of the parcel.
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.
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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 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.
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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 /AUTHENTICATED:
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:
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