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Home My WebLink AboutCAP 2013-07-22 Item 2A - Ordinance - TMC Chapter 7.08 Update Regarding Livestock, Small Animals and FowlCity of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, Community Development Department Director BY: Bob Benedicto, Building Official Kathy Stetson, Code Enforcement Officer DATE: July 8, 2013 SUBJECT: Livestock, Small Animals and Fowl, Chapter 7.08 ISSUE Should the City update Chapter 7.08 to specify the number of livestock animals permitted based on lot size? BACKGROUND Tukwila's "Livestock, Small Animals and Fowl" regulations are contained in TMC Chapter 7.08. Much of this chapter was adopted in 1956, with changes regarding the keeping of chickens adopted in 2011. DISCUSSION Periodically, staff receives citizen inquiries regarding the regulations concerning keeping of livestock animals in Tukwila, generally horses, but also sheep, llamas and goats. Chapter 7.08 contains the regulations surrounding Livestock, Small Animals and Fowl. Although the chapter specifies the number of small animals and fowl, it leaves the number of livestock allowed up to "the duly appointed Code Enforcement Officer of the City." This proposed ordinance defines "livestock" to include horses, ponies, donkeys, mules, cattle, llamas, sheep, goats and swine. It establishes the minimum lot size for keeping any livestock at one acre (43,560 square feet), and it limits the number of livestock animals to two, with an additional one livestock animal for each additional acre. Research of other jurisdictions and published best practices for keeping large animals shows that one acre of property is generally considered adequate to house up to two livestock animals. Keeping livestock on properties smaller than one acre can present a nuisance to neighbors from odor, noise, visual and other impacts. Requiring a minimum lot size of one acre for up to two livestock animals further protects neighbors from some of these impacts. FINANCIAL IMPACT None RECOMMENDATION The Council is being asked to approve the ordinance to adopt these changes to Chapter 7.08 and consider this item at the August 12, 2013 Committee of the Whole meeting and subsequent August 19, 2013 Regular Meeting. ATTACHMENTS Ordinance in draft form. 1 2 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 232 AND 2351 (PART) REGARDING LIVESTOCK, SMALL ANIMALS AND FOWL, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 7.08; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City's current regulations regarding livestock were adopted in 1956, and do not reflect changing public health priorities and increased population density; and WHEREAS, the City's current regulations grant the authority to establish the number of allowable livestock to the Code Enforcement Officer; and WHEREAS, it is in the best interest of the City to adopt rules that are clear in their intent and easily understood by the citizens of the City; and WHEREAS, the presence of livestock on small residential lots can become a nuisance to neighboring properties through increased noise, odors, and activities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code (TMC) Section 7.08.020, "Livestock defined," Amended. Ordinance No. 232 §2, as codified at TMC Section 7.08.020, is hereby amended to read as follows: 7.08.020 Livestock defined. "Livestock," where used in this chapter means and includes horses, ponies, donkeys, mules, cattle, llamas, sheep, goats, and swine. W: Word Processing \Ordinances \Livestock regulations amended 6 -10 -13 KS:bjs Page 1 of 3 3 Section 2. TMC Section 7.08.070, "Number of livestock allowed," Amended. Ordinance Nos. 232 §5 and 2351 §4, as codified at TMC Section 7.08.070, are 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 Officer of the City.Two livestock animals may be kept on a minimum 43,560 square foot parcel. One additional livestock animal is permitted for each additional 43,560 square feet of property. Section 3. TMC Section 7.08.080, "Maintaining horses, cattle, sheep and goats within City limits," Amended. Ordinance No. 232 §6, as codified at TMC Section 7.08.080, is hereby amended to read as follows: 7.08.080 Maintaining livestock within City limits. All livestock, except swine, may be kept or maintained within the city limits subject to the minimum area requirements set forth in TMC Section 7.08.100, provided they are kept not less than 100 feet from the nearest residence. Section 4. TMC Section 7.08.090, "Maintaining swine within City limits," Amended. Ordinance No. 232 §7, as codified at TMC Section 7.08.090, is hereby amended to read as follows: 7.08.090 Maintaining swine within City limits. Swine may be kept or maintained within the City limits subject to the minimum area requirements set forth in TMC Section 7.08.100, 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 5. TMC Section 7.08.100, "Minimum area for keeping animals," Amended. Ordinance Nos. 232 §8 and 2351 §5, as codified at TMC Section 7.08.100, are hereby amended to read as follows: 7.08.100 Minimum area for keeping animals. Chickens may be kept as an accessory to any legal use regardless of the area of the parcel. Ssmall animals or fowl other than chickens shall not be kept on any parcel that is less than 10,000 square feet in size. parcel does not contain a minimum of 10,000 square feet of area. Livestock may not be kept on any parcel that is less than 43,560 square feet in size. The minimum area for ti • • W: Word Processing \Ordinances \Livestock regulations amended 6 -10 -13 KS:bjs 4 Page 2 of 3 Section 6. Corrections by City Clerk or Code Reviser. 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 numbering and section /subsection numbering. Section 7. 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 8. 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 , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, 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 \livestock regulations amended 6 -10 -13 KS:bjs Page 3 of 3 5