Chapter 6.05
ANIMAL KEEPING
Sections:
Article I. General Provisions
6.05.040 Animals running loose.
6.05.050 Exceptions for riding, herding, and leading livestock.
6.05.060 Health and sanitation.
Article II. Location Restrictions
6.05.090 Livestock on residential property.
6.05.120 Animal shelters – Location.
6.05.130 Corrals, etc. – Location.
6.05.150 Conditional uses permitted in C-1, M-1, and M-2 zones.
6.05.170 Limitation on number.
6.05.180 Poultry coops – Location.
Article I. General Provisions
6.05.010 Title.
This chapter shall be known as the “livestock and poultry control ordinance of the City of Harrisburg, Oregon.” [Ord. 881 § 1.010, 2009.]
6.05.020 Purpose.
The purpose of this chapter is to set forth regulations as they apply to the keeping or raising of livestock or poultry within the City of Harrisburg. [Ord. 881 § 1.020, 2009.]
6.05.030 Definitions.
“City” means the City of Harrisburg, Oregon.
“Horses” includes stallions, mares, mules, and other similar-size animals.
“Livestock” shall have its normal meaning and will include, but not be limited to, cows, calves, bulls, horses, mares, colts, mules, goats, sheep, lamb and swine.
“Poultry” means any domesticated birds which serve as a source of food. The term “poultry” includes chickens, domesticated pigeons, turkeys, ducks, and geese.
“Sheep” includes sheep, lambs, goats, kids, swine, and other similar-size animals. [Ord. 881 § 1.030, 2009.]
6.05.040 Animals running loose.
1. No person, company or corporation shall allow or permit any species of livestock or poultry to run loose upon any public property without the approval of the City Administrator or his/her designee.
2. No person owning or having possession or control of any livestock or poultry shall permit such livestock or poultry to be tethered or pastured in any manner upon public property without the approval of the City Administrator or his/her designee. [Ord. 881 § 1.100, 2009.]
6.05.050 Exceptions for riding, herding, and leading livestock.
1. A public right-of-way may be traversed only for the purpose of entering the City in order to reach a permitted area.
2. The City Council may grant exceptions to the rules and requirements of this chapter for community activities such as parades, special promotions, etc., upon application to the City Council in a manner prescribed by the City Recorder.
3. Nothing in this chapter shall be deemed to prohibit the transportation of any animal by any reasonable means to a veterinarian for medical treatment or examination, or for commercial purposes. [Ord. 881 § 1.110, 2009.]
6.05.060 Health and sanitation.
The keeping or raising of poultry or livestock must not be conducted so as to create an unsanitary condition resulting in a nuisance as may be determined by the City Council or County Health Department. No person keeping or raising such livestock shall create or maintain a nuisance by allowing or permitting unusual or excessive:
1. Noise.
2. Accumulation of manure.
3. Presence of flies.
4. Presence of rodents.
5. Production of odors.
6. Accumulation of surface water without adequate sanitary drainage in or about any barn, stable, roofed structure for the shelter of livestock, corral, fenced area, or pasture. [Ord. 881 § 3.0, 2009.]
6.05.070 Penalty.
Violation of any provision of this chapter is punishable upon conviction by a fine not more than $500.00. Each day of occurrence of such violation shall constitute a separate violation of this chapter. [Ord. 881 § 4.0, 2009.]
6.05.080 Severability.
The sections and subsections of this chapter are hereby declared severable. The invalidity of any one section or subsection shall not affect the validity of the remaining sections or subsections. [Ord. 881 § 5.0, 2009.]
Article II. Location Restrictions
6.05.090 Livestock on residential property.
The keeping or raising of livestock is permitted in single-family residential (R-1) and multiple-family residential (R-2) zoning districts subject to the limitations and development standards of this chapter. [Ord. 881 § 2.100, 2009.]
6.05.100 Secondary use.
The keeping and raising of livestock shall be secondary to the principal residential use of the property. [Ord. 881 § 2.110, 2009.]
6.05.110 Area requirements.
1. Livestock shall only be kept or raised on lots of 30,000 square feet (approximately three-fourths of one acre) or more, except as indicated in subsection (2) of this section, and shall be kept within an adequately fenced area in a back or side yard. The total number of all such livestock is subject to the following land area limitations:
a. Not to exceed one horse or three sheep, or one swine, or other similar livestock for each 20,000 square feet of area devoted to livestock.
b. Not more than four horses or 12 sheep, or two swine, or other similar livestock shall be kept at one location.
c. A dairy or stock farm shall only be operated on a parcel of land that is at least eight acres in area.
d. Animals born at the location or that are born of animals at the location shall not be included in the above restrictions until the newborn animals have reached the age of:
(1) Nine months for a beef calf;
(2) Four months for lambs or goat kids;
(3) Seven months for a foal;
(4) Three months for piglets; or
(5) One month longer than the normal weaning age, as recommended by the Oregon State Extension Service, for other types of animals.
2. A person can possess a small or miniature farm animal on a lot of less than 30,000 square feet if the following criteria are met:
a. The lot size shall be not less than one-half acre.
b. Only one farm animal shall be allowed.
c. In the event the animal becomes pregnant, it shall be removed from the property prior to birthing.
d. The animal shall be at least one year old.
e. Only an animal that will grow to a mature height of not more than 39 inches at the withers or front shoulders is allowed.
f. Prior to bringing the animal onto the property, a permit shall be applied for at the City, a fee for which shall be established by Council resolution.
g. A permit shall be issued by the City:
(1) After a notice has been sent to adjoining property owners and renters, other than the City, informing them of a request to place a miniature or small farm animal on adjoining property and informing them they have 10 days to let the City know in writing if they have any objection or concern; and
(2) No objection is made to the City. [Ord. 881 § 2.120, 2009.]
6.05.120 Animal shelters – Location.
All barns, stables, or roofed structures for the shelter of livestock shall be located no closer than 60 feet to any existing dwelling or swimming pool on property adjacent to the property where said livestock is kept, nor closer than 25 feet from a residence on the subject property. [Ord. 881 § 2.130, 2009.]
6.05.130 Corrals, etc. – Location.
Any corral, fenced area, or restraint for livestock, except swine, shall not be located closer than 25 feet to an existing dwelling on property adjacent to the property where said livestock are kept, nor within 30 feet of the center line of a public street. [Ord. 881 § 2.140, 2009.]
6.05.140 Swine.
Any fenced area or roofed structure restraint for swine shall not be located closer than 100 feet to an existing dwelling or swimming pool on property adjacent to the property where said swine are kept, nor within 100 feet of the center line of a public street. [Ord. 881 § 2.150, 2009.]
6.05.150 Conditional uses permitted in C-1, M-1, and M-2 zones.
In commercial (C-1), limited industrial (M-1) or general industrial (M-2) zoning districts, the keeping and raising of livestock is permitted when the regulations of this chapter are complied with and when authorized in accordance with Chapter 19.25 HMC. [Ord. 881 § 2.200, 2009.]
6.05.160 Poultry.
The keeping or raising of poultry is permitted in single-family residential (R-1) and multiple-family residential (R-2) zoning districts subject to the limitations and development standards of HMC 6.05.170 and 6.05.180. [Ord. 881 § 2.300, 2009.]
6.05.170 Limitation on number.
The maximum number of poultry allowed on a residential lot shall be limited to five chicken hens, but no roosters, 12 pigeons, and two of any other kind of poultry. Chicks under the age of four months shall not count towards the maximum numbers allowed. [Ord. 881 § 2.310, 2009.]
6.05.180 Poultry coops – Location.
Poultry must be kept confined to a single lot. No poultry shall be allowed to be within 25 feet of a dwelling on an adjoining lot. [Ord. 881 § 2.320, 2009.]