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HomeMy WebLinkAbout2011-022 ORDINANCE NO. 2011-022 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 8.17 OF THE ARLINGTON MUNICIPAL CODE REGARDING LIVESTOCK, CHICKEN AND BEE KEEPING REGULATIONS WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington adopted some revisions to Arlington Municipal Code Title 8 in February 2010; and WHEREAS, the City Council of the City of Arlington has requested further revisions to Arlington Municipal Code Title 8; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code section 8.17.010 is amended to read as follows: 8.17.010 - Keeping animals in the city—General regulations. (a) Any person being the owner or entitled to the possession of any animal, be it livestock or of the species of rabbit, fowl or pot-bellied pig, shall be permitted to keep the same within the limits of the city except if the same is now or may be hereafter forbidden by ordinance or statute, provided that the following conditions are adhered to. (1) Livestock are prohibited in all areas other than those defined in Arlington Municipal Code Chapter 20, Table 20.40-1, permissible use code 14.120. (2) Livestock shall be kept by securely confining the same in a stable or other building; or an enclosure surrounded by a secure, well built fence of sufficient height and strength to confine such animal therein; or the same may be securely staked in such manner that it cannot get upon any street, alley, or other public place within the city or near enough to the property of another to do damage thereto or commit any nuisance thereupon. Any such animal shall be considered as running at large when it breaks away from its fastenings or is herded or permitted to feed upon any public rights-of-way or public properties. (3) All species of fowl, rabbit or pot bellied pigs shall be kept in a building, pen or enclosure. All such structures must be set back at least ten (10) feet from any residential structure on an adjacent lot. Any building, pen or enclosure which houses ORDINANCE NO. 2011-022 1 such animals shall be kept clean, healthful and free from unsanitary conditions and disagreeable odors. (4) All feed or food products shall be kept in secure, tightly sealed, rodent proof containers. (5) All manure and other refuse must be kept in secure, tightly sealed containers and disposed of at least once a week in a manner approved by the animal control officer. (b) Chickens may be kept within the city limits of Arlington, provided: (1) No more than seven (7) hens, including chickens and chicks, may be kept per single-family residential lot. (2) No roosters are allowed. (3) Henhouses, coops and chicken tractors must be set back at least ten (10) feet from any residential structure on an adjacent lot. (4) Henhouses, coops and chicken tractors shall provide for adequate shelter, be kept clean and maintained so that dust, manure and odors are not detectable beyond any property line. (5) Henhouses, coops and chicken tractors including chicken runs shall not exceed two hundred (200) square feet in size and shall not exceed seven (7) feet in height at the structure's highest point. (c) Hives or colonies of bees may be kept within the city limits of Arlington, provided: (1) All colonies must be registered with the director of the department of agriculture of the state of Washington as provided in RCW 15.60.021. (2) All hives must be moveable frame hives. (3) A maximum of 2 hives are permitted if the lot is 15,000 square feet or less. (4) A maximum of 5 hives are permitted if the lot is between than 15,000 square feet and 35,000 square feet. (5) A maximum of 15 hives are permitted if the lot is more than 35,000 square feet. (6) Hives may not be located within 10 feet of the property line. (d) If any and all premises whereon any such animals are confined or kept are not kept in the manner provided in this chapter, such officer or officers shall at once notify the persons owning, possessing, or using the premises for such purpose to place the same in a safe, secure, clean, healthful, and sanitary condition, and such person shall forthwith comply with such order. ORDINANCE NO. 2011-022 2 (e) Any animal owner who resides within the city and who legally owns one or more animals or maintains any property usage as of the effective date of this ordinance on August 17, 2011,whose ownership of an animal or use of property would otherwise be a violation of this subsection may continue to own said animal or animals and maintain said use as a valid pre-existing use. The person must maintain veterinary records, acquisition papers for the animal, if available, or other documents or records that establish that the person legally owned or maintained the animal and/or maintained said use prior to August 17, 2011, and present the paperwork to an animal control or law enforcement authority upon request. The person shall have the burden of proving that he or she owned the animal and/or maintained the use of the property prior to August 17, 2011. (f) Any person violating any of the provisions of this section shall be deemed guilty of a civil infraction and upon conviction thereof shall be fined an amount as set by council resolution. Section 2. Severability. If any such provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 3. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PISSED by th City Cou} rl of the City of Arlington and APPROVED by the Mayor this day of 2011. CITY OF ARLINGTON Markar6l,arson, Wayor ATTEST: Kristin anfield, City Clerk ORDINANCE NO. 2011-022 3 APPROVED AS TO FORM: Ste v n . P i ttorney ORDINANCE NO. 2011-022 4 CERTIFICATION OF ORDINANCE 1, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance #2011-022 was approved at the August 1, 2011 City Council meeting. ORDINANCE #2011-022 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 8.17 OF THE ARLINGTON MUNICIPAL CODE REGARDING LIVESTOCK, CHICKEN AND BEE KEEPING REGULATIONS" A true and correct copy of the original ordinance is attached. Dated this 8th day of August 2011. 'Id 4istikn4nfi�eld City Clerk for the City of Arlington