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HomeMy WebLinkAboutOrd 2351 - Livestock, Small Animals and Fowl (Repealed by Ord 2466)of T Washington kwila Cover page to Ordinance 2351 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWWILA; WASHINGTON, AMENDING ORDINANCE NO 232 (PART) REGARDING LIVESTOCK, SMALL ANIMALS AND FOW'WIL, AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMiC) CHAPTER 7.08,; REPEALING ORDINANCE NO 232 §15, §17 AND §18„ PROVIDING FOR SEVERAIBIILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2351 was amended or repealed by the following ordinances. ion(s) pealed Repealed by Ord # 2466 City of Tukwila Washington Ordinance No. ,D3.� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 232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 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. W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 9 -7 -11 NG:bjs Page 2 of 5 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. W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 9 -7 -11 NG:bjs Page 3 of 5 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. W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 9 -7 -11 NG:bjs Page 4 of 5 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 n r 0 d -o, 2011. ATTES /AUTH ENT[ CATED: l Christy O'Flah6hy, CMC, City Clerk APPROVE Shelley erslake ity ttorney JinAalagerton, r Filed with the City Clerk: Il Passed by the City Council :Jf1 -�_-a Published: 10-6-11 Effective Date: L00 Ordinance Number: 9-x.5 W: Word Processing \Ordinances \Small animals and fowl regulations amended strike -thru 9 -7 -11 NG:bjs Page 5 of 5 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2350 -2352. On October 3, 2011 the City Council of the City of Tukwila, Washington, adopted the following ordinances the main points of which are summarized by title as follows: Ordinance 2350: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; ADOPTING FINDINGS OF FACT TO JUSTIFY THE MORATORIUM ADOPTED BY ORDINANCE NO. 2348; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2351: 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. Ordinance 2352: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW CHAPTER 8.27 ENTITLED "CHRONIC NUISANCE PROPERTIES;" AMENDING ORDINANCE NOS. 2333 §8 AND 2315 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 5.04.110, TO INCLUDE BUSINESS LICENSE DENIAL OR REVOCATION FOR CHRONIC NUISANCE PROPERTIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Christy O'Flaherty, CMC, City Clerk Published Seattle Times: October 6, 2011