HomeMy WebLinkAboutOrd 2698 - TMC Title 7 "Animals" - Reenact Title 7 to Adopt by Reference King County Code Title 11*ILA
Washington
Ordinance No,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2466
AND 2651, AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC)
TITLE 7, "ANIMALS"; REENACTING TMC TITLE 7 TO ADOPT BY
REFERENCE KING COUNTY CODE TITLE 11; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in 2015 the Tukwila City Council approved Ordinance No. 2466, which
established City regulations for animals including for exotic animals, guard dogs, and
dangerous dogs, as codified in Title 7, "Animals," of the Tukwila Municipal Code; and
WHEREAS, in 2021 the Tukwila City Council approved Ordinance No. 2651, which
established additional enforcement procedures related to animal control; and
WHEREAS, the City contracts with Regional Animal Services of King County to
provide animal control services; and
WHEREAS, the King County Coundl has separate regulations regarding animal care
and control as codified in King County Code (KCC) Title 11; and
WHEREAS, Regional Animal Services of King County has requested that the City
adopt the regulations codified in KCC Title 11 so as to provide for broader authority
regarding animal control services; and
WHEREAS, the proposed revisions to Tukwila Municipal Code Title 7, "Animals," are
necessary to align the TMC with current animal care and control regulations, as enforced
by Regional Animal Services of King County, and is in the best interest of the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance Nos. 2466 and 2651, as codified in Tukwila
Municipal Code (TMC) Title 7, "Animals," are hereby repealed in their entirety, thereby
eliminating the following chapters of the Tukwila Municipal Code:
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Chapter 7.08 — Livestock, Small Animals and Fowl
Chapter 7.10 — Exotic Animals
Chapter 7.12 — Animal Care and Control Regulations
Chapter 7.16 — Dangerous Dogs
Chapter 7.18 — Guard Dogs
Chapter 7.20 — Dogs at Large and Leashes
Chapter 7.30 —Animal Feces
Section 2. TMC Title 7 Reenacted. TMC Title 7 is hereby reenacted to read as
follows:
TITLE 7
ANIMAL CARE AND CONTROL
Chapters:
7.01 General Provisions
7.05 Livestock, Small Animals and Fowl
7.10 Animal Feces
Section 3. TMC Chapter 7.01 Established. TMC Chapter 7.01 is hereby
established to read as follows:
CHAPTER 7.01
GENERAL PROVISIONS
Sections:
7.01.010 Regulations
Section 4. TMC Section 7.01.010 Established. TMC Section 7.01.010 is hereby
established to read as follows:
7,01.010 Regulations
All statutes of King County Code Title 11, as now in effect or as may be
subsequently amended or recodified, are hereby adopted by reference.
Section 5. TMC Chapter 7.05 Established. TMC Chapter 7.08 is hereby reenacted
and recodified as TMC Chapter 7.05, which shall read as follows:
Sections:
7.05.010
7.05.020
7.05.030
7.05.040
7.05.050
7.05.060
CHAPTER 7.05
LIVESTOCK, SMALL ANIMALS AND FOWL
Chapter compliance required
Livestock defined
Small animals and fowl defined
Animals kept as pets
Roosters prohibited
Enclosure construction
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7,05.070 Maintaining swine within City limits
7,05.080 Minimum area for keeping animals
7.05.090 Number of animals per property area size
7.05.100 Distance from any dwelling
7.05.110 One building per parcel for housing
7.05.120 Nuisance prohibited
7.05.130 Manure removal
7.05.140 Enforcement
7.05.150 Exemptions
Section 6. TMC Section 7.05.010 Established. TMC Section 7.08.010 is hereby
reenacted and recodified as TMC Section 7.05.010, which shall read as follows:
7.05.010 Chapter compliance required
It is unlawful for any person, persons, firm or corporation to keep or maintain livestock,
small animals or fowl within the City limits, except as provided in this chapter and TMC
Title 18. If there is a conflict between a provision of this chapter and a provision in TMC
Title 18, the provision in TMC Title 18 shall control.
Section 7. TMC Section 7.05.020 Established. TMC Section 7.08.020 is hereby
reenacted and recodified as TMC Section 7.05.020, which shall read as follows:
7.05.020 Livestock defined
"Livestock," where used in this chapter, means and includes horses, mules,
ponies, cattle, sheep, goats, llama, oxen and swine. "Large livestock,"where used in
this chapter, means and includes cattle, goats, llama, oxen and swine. "Small
livestock," where used in this chapter, means and includes sheep and goats smaller
than 24 inches at the shoulder and/or not more than 150 pounds in weight.
Section 8. TMC Section 7.05.030 Established. TMC Section 7.08.030 is hereby
reenacted and recodified as TMC Section 7.05.030, which shall read as follows:
7.05.030 Small animals and fowl defined
"Small animals and fowl," where used in this chapter means and includes rabbits,
chinchillas, chickens, geese, ducks, turkeys, peafowl and pigeons.
Section 9. TMC Section 7.05.040 Established. TMC Section 7.08.040 is hereby
reenacted and recodified as TMC Section 7.05.040, which shall read as follows:
7.05.040 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 7.01.010.
Section 10. TMC Section 7.05.050 Established. TMC Section 7.08.050 is hereby
reenacted and recodified as TMC Section 7.05.050, which shall read as follows:
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7.05.050 Roosters prohibited
The keeping of roosters within the City limits is prohibited.
Section 11. TMC Section 7.05.060 Established. TMC Section 7.08.060 is hereby
reenacted and recodified as TMC Section 7.05.060, which shall read as follows:
7.05.060 Enclosure construction
All livestock, small animals and fowl shall be kept within an enclosure adequately
built and maintained to prevent the livestock, small animals and fowl from breaking
through, out, over or underthe same. All pens, coops, hutches and housing of any kind
used for the housing of livestock, small animals and fowl must be built to include siding
or shakes or their equivalent, and must be painted or stained to appear presentable.
Section 12. TMC Section 7.05.070 Established. TMC Section 7.08.070 is hereby
reenacted and recodified as TMC Section 7.05.070, which shall read as follows:
7.05.070 Maintaining swine within City limits
Swine may be kept or maintained within the City limits provided they are kept
within an enclosure as herein described, the outside limits of which shall be not less
than 200 feet from the nearest residence.
Section 13. TMC Section 7.05.080 Established. TMC Section 7.08.080 is hereby
reenacted and recodified as TMC Section 7.05.080, which shall read as follows:
7.05.080 Minimum area for keeping animals
With the exception of chickens, no horses, mules, ponies, small 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, or other minimum area as set
forth in this chapter. Chickens may be kept as an accessory to any legal use regardless
of the area of the parcel. No large livestock shall be kept on any property within the City
limits where the parcel does not contain a minimum of 43,560 square feet (one acre) of
area. At least 20,000 square feet of pasture area is required for keeping a horse, mule
or pony in the City.
Section 14. TMC Section 7.05.090 Established. TMC Section 7.08.090 is hereby
reenacted and recodified as TMC Section 7.05.090, which shall read as follows:
7.05.090 Number of animals per property area size
A. 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.
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3. Six geese, six ducks, six peafowls, 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, peafowls 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.
B. Livestock shall be permitted in numbers as follows:
1. Not more than one horse, mule or pony for each 20,000 square feet of
stable and pasture area, but not more than a total of two of the above-mentioned
animals shall be allowed on the same lot.
2. Two large livestock for each 43,560 square feet (one acre) of property.
Additional large livestock requires an additional 43,560 square feet (one acre) of
property.
3. Not more than 3 small livestock for each 10,000 square feet of property,
but not more than a total of 6 of the above-mentioned animals shall be allowed on the
same lot.
Section 15. TMC Section 7.05.100 Established. TMC Section 7.08.100 is hereby
reenacted and recodified as TMC Section 7.05.100, which shall read as follows:
7.05.100 Distance from any dwelling
Enclosures forthe housing of small animals and fowl shall be built and located not
less than 10 feet from any dwelling and property line. The roaming area for the small
animals and fowl shall be fenced and located not less than 10 feet from any dwelling.
Section 16. TMC Section 7.05.110 Established. TMC Section 7.08.110 is hereby
reenacted and recodified as TMC Section 7.05.110, which shall read as follows:
7.05.110 One building per parcel for housing
Not more than one building forthe housing of livestock, small animals or fowl shall
be allowed on any one parcel.
Section 17. TMC Section 7.05.120 Established. TMC Section 7.08.120 is hereby
reenacted and recodified as TMC Section 7.05.120, which shall read as follows:
7.05.120 Nuisance prohibited
No livestock, small animals or fowl shall be kept in such a manner that a condition
resulting from same shall constitute a nuisance.
Section 18. TMC Section 7.05.130 Established. TMC Section 7.08.130 is hereby
reenacted and recodified as TMC Section 7.05.130, which shall read as follows:
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7.05.130 Manure removal
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 19. TMC Section 7.05.140 Established. TMC Section 7.08.140 is hereby
reenacted and recodified as TMC Section 7.05.140, which shall read as follows:
7.05.140 Enforcement
Code Enforcement Officers for the City or any law enforcement officer shall be
authorized to enforce this chapter, unless otherwise provided.
Section 20. TMC Section 7.05.150 Established. TMC Section 7.08.150 is hereby
reenacted and recodified as TMC Section 7.05.150, which shall read as follows:
7.05.150 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 21. TMC Chapter 7.10 Reenacted. TMC Chapter 7.30 is hereby
reenacted and recodified as TMC Chapter 7.10, which shall read as follows:
CHAPTER 7.10
ANIMAL FECES
Sections:
7.10.010 Definitions
7.10.020 Animal Feces — Unlawful Accumulation and Requirement for
Removal
7.10.030 Enforcement
Section 22. TMC Section 7.10.010 Reenacted. TMC Section 7.30.010 is hereby
reenacted and recodified as TMC Section 7.10.010, which shall read as follows:
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7.10.010 Definitions
A. "City" shall mean the City of Tukwila.
B. "Owner" means any person, firm, corporation, organization or department
having an interest in or right of possession to an animal, or having control, custody or
possession of an animal, including temporary possession or possession by reason of
the animal being seen residing consistently at a location.
C. "Person" means any individual, partnership, firm, joint stock company,
corporation, association, trust, estate, or other legal entity.
Section 23. TMC Section 7.10.020 Reenacted. TMC Section 7.30.020 is hereby
reenacted and recodified as TMC Section 7.10.020, which shall read as follows:
7.10.020 Animal Feces — Unlawful Accumulation and Requirement for Removal
A. It shall be a violation of this chapter for any owner to cause, permit or allow the
accumulation of animal feces in any open area, run cage or yard wherein those animals
are kept, or to fail to remove or dispose of feces at least once every seven days. The
accumulation of animal feces in any quantity that constitutes a hazard to the health,
safety or convenience of any persons, or that interferes with the use of or enjoyment of
any neighboring property as a result of odors, visual blight, or attraction of insects or
pests, constitutes a nuisance.
B. It shall be a violation of this chapter for any person to fail to remove and
properly dispose of the fecal matter deposited by a dog or other animal in his or her
possession on public property such as park property, school grounds, public rights-of-
way, or public easements or on private property that does not belong to the animal's
owner or the person currently in possession of the animal.
C. Any law enforcement officer shall have the authority to issue civil infractions
under this provision.
Section 24. TMC Section 7.10.030 Reenacted. TMC Section 7.30.030 is hereby
reenacted and recodified as TMC Section 7.10.020, which shall read as follows:
7.10.030 Enforcement
Code Enforcement Officers for the City or any law enforcement officer shall be
authorized to enforce this chapter pursuant to the provisions in TMC Chapter 8.45.
Section 25. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to
make necessary corrections to this ordinance, including the correction of clerical errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
n u mbering and section/subsection n u mbering.
Section 26. 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
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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 27. 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 Special Meeting thereof this 21-4k day of 1-%eA,r144,-) , 2023.
ATTEST/AUTHENTICATED:
eh/Vary 0aiteite
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
esignod
awe/
715. 01*35025,44544177 5777
Office of the City Attorney
Ilan Ekberg, Mayor
Filed with the City Clerk: Z -2-1-Z3
Passed by the City Council: 2_ -
Published: 3- 2 -23
Effective Date:
Ordinance Number: 2-618
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City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2698.
On February 27, 2023 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2698: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2466 AND 2651, AS
CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 7, "ANIMALS"; REENACTING
TMC TITLE 7 TO ADOPT BY REFERENCE KING COUNTY CODE TITLE 11;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: March 2, 2023