Chapter 6.16
DOMESTIC AND WILD ANIMALS

Sections:

6.16.010    Purpose.

6.16.020    Prohibited animals.

6.16.030    Domestic animals subject to permit.

6.16.040    Permit conditions.

6.16.050    Other ordinances not affected.

6.16.060    Revocation of permits.

6.16.070    Ownership and control of animals.

6.16.080    Civil remedies – Generally.

6.16.090    Injunction and abatement.

6.16.100    Attorney fees.

6.16.110    Violation – Penalty.

6.16.010 Purpose.

The purpose of this chapter is to protect the public health and welfare of the residents of the city by preventing annoyance, injury or the endangerment of comfort, repose, health or safety by regulating the keeping and maintaining of certain wild animals as well as domestic farm animals within the city limits. Certain specified domestic farm animals may be allowed with a permit granted by the city council as provided in this chapter. [Ord. 747 § 1, 1984.]

6.16.020 Prohibited animals.

It is unlawful for any person, firm or corporation to keep, harbor or maintain within the city limits any bear, chimpanzee, gorilla, badger, wolf, coyote, fox, nondomestic feline, including, but not limited to, lions, tigers, leopards, jaguars, bobcats, ocelots, lynx and cougars, or vicious or venomous or poisonous wild animals or honey bees. Also prohibited are domestic farm animals including, but not limited to, pigs, hogs or swine, goats or sheep of any description, horses, mules, cattle or roosters of any description. The prohibitions shall not apply to the Humane Society or the Washington State Department of Game, or to the keeping, harboring or maintaining of goats as part of a commercial amusement enterprise in the tourist commercial district of the city authorized in accordance with Chapter 18.44 LMC. The following restrictions shall apply to the keeping, harboring or maintaining of goats as part of a commercial amusement enterprise:

A. No unaltered male goats shall be allowed.

B. All goats shall be kept in a fenced area. The fence shall meet the requirements of RCW 16.60.010 and 16.60.011.

C. There shall be no more than one goat per one-half acre.

D. No goat or goats shall be allowed to devegetate an area so as to cause erosion problems.

E. Should goat feces accumulate and create an odor problem, the feces shall be cleaned up from the site.

F. Goat or goats shall be kept at least 25 feet (measured in a horizontal distance) from any open water drainage system.

G. The Leavenworth planning commission shall require, in any conditional use permit for a commercial amusement enterprise allowing the keeping, harboring or maintaining of goats pursuant to this section, that such permit be granted for a one-year trial period and that the operation be reviewed after said one-year trial period to determine if allowing goats should be continued, further conditioned or revoked. [Ord. 1041 § 1, 1996; Ord. 747 § 2, 1984.]

6.16.030 Domestic animals subject to permit.

It is unlawful for any person, firm or corporation to keep, harbor or maintain rabbits, hares, hens, ducks, geese, pigeons or any other domestic fowl without first having procured a permit to do so from the city. [Ord. 959 § 1, 1994; Ord. 747 § 3, 1984.]

6.16.040 Permit conditions.

Permits referred to in LMC 6.16.030 may be applied for in writing on a form to be provided by the city clerk-treasurer. Any permit to keep such animals shall be granted only upon a showing by the applicant that appropriate provisions have been made for sanitation, care, caging and odor control. All accessory structures used for the purposes of housing or keeping animals and fowl permitted shall be set back a distance of 10 feet from the applicant’s property line. No accessory building, structure or pen shall occupy any portion of a front yard, or be within 20 feet of a public right-of-way. Permits may be granted by the mayor or the mayor’s designee. In the event a permit is denied, the applicant may appeal the denial to the city council within 10 days of denial. The city council shall schedule the hearing on the denial for the next regular city council meeting and may affirm or reverse the denial. [Ord. 959 § 2, 1994; Ord. 747 § 4, 1984.]

6.16.050 Other ordinances not affected.

Nothing contained in this chapter shall be deemed to revoke, modify or alter any regulation or restriction contained in any other ordinance of the city including, without limitation, the Leavenworth zoning ordinance. [Ord. 747 § 5, 1984.]

6.16.060 Revocation of permits.

The city council shall have the right to revoke any permit that may be granted in accordance with LMC 6.16.040 for violation of the permit conditions or violation of this chapter by giving the holder of such permit no less than seven days’ notice to appear before the city council at its next regular meeting, and to show cause, if any, why such permit should not be revoked. A majority vote of the members of the city council present shall be sufficient to revoke any permit granted in accordance with the terms of this chapter, and said revocation shall become effective at such time as shall be designated by the city council. [Ord. 747 § 6, 1984.]

6.16.070 Ownership and control of animals.

Within the meaning of this chapter, ownership of any animal shall not be necessary to constitute a violation of this chapter; but the said person, persons, firms, corporations or partnerships who shall have control or shall have possession of such animal or animals shall be deemed likewise in violation of this chapter, irrespective of the ownership thereof. Possession and control of such animal shall be sufficient to constitute a violation of this chapter. [Ord. 747 § 7, 1984.]

6.16.080 Civil remedies – Generally.

The violation of or failure to comply with any of the provisions of this chapter is declared to be unlawful. [Ord. 747 § 8, 1984.]

6.16.090 Injunction and abatement.

The city, through its authorized agents, may initiate injunction or abatement proceedings or other appropriate action in the Leavenworth municipal court, or the courts of the state of Washington, against any person who violates or fails to comply with any provision of this chapter, or against the owner or possessor of any animal or insect prohibited by this chapter to prevent, enjoin, abate or terminate violations of this chapter. [Ord. 747 § 8(A), 1984.]

6.16.100 Attorney fees.

In any action brought by the city to enforce this chapter or in any action brought by any other person in which the city is joined as a party challenging this chapter, in the event the city is a prevailing party, then the nonprevailing party challenging the provisions of this chapter or the party against whom this chapter is enforced in such action, shall pay in addition to the city’s costs a reasonable attorney fee at trial and in any appeal incurred by the city. [Ord. 747 § 8(C), 1984.]

6.16.110 Violation – Penalty.

Any person who violates or fails to comply with any of the provisions of this chapter or the owner or possessor of any property on which an animal or insect is located in violation of this chapter shall be subject to a maximum civil penalty of $25.00 for each day that the violation of this chapter has continued, except that the owner of the property on which the violation is continued, who is not also the owner or possessor of the prohibited animal or insect, shall be subject to the penalty only if demand for removal or abatement of the unlawful condition shall have been mailed to the said owner at his last known address by registered mail, return receipt requested and the demand has remained uncomplied with for more than 10 days. [Ord. 747 § 8(B), 1984.]