Chapter 6.15
LIVESTOCK
Sections:
6.15.010 Running at large prohibited.
6.15.050 Charge for impoundment.
6.15.070 Reclaiming without permission.
6.15.080 Driving livestock on streets – Violation, penalty.
6.15.090 Swine and goats prohibited with exception.
6.15.100 Barns and structures.
6.15.120 General space and care requirements.
6.15.130 Proximity to residences and occupied buildings.
6.15.140 Hitching or tethering livestock.
6.15.150 Speed – Riding into building.
6.15.160 Light required at night.
6.15.170 Ordinance cumulative.
6.15.190 Issuance of livestock permits.
6.15.200 Permits – Keeping, mailing, contents, alteration.
6.15.210 Revocation of permits.
6.15.010 Running at large prohibited.
No livestock shall be permitted to run at large within the limits of the city of Roslyn. Livestock found running at large are hereby declared to be a public nuisance and are subject to impound as provided herein, or as may be otherwise provided by law. [Ord. 1123 § 5, 2016.]
6.15.020 Impoundment.
Animal control officers are authorized to impound any livestock found running at large within the city limits in the presence of such officer. [Ord. 1123 § 5, 2016.]
6.15.030 Notice.
Impounded animals may be kept at such places as are approved by the mayor and his or her designee and may be sold at auction no earlier than seven days after notice is provided by the animal control officer. The animal control officer shall provide notice of the impound in the same manner as set forth at RMC 6.05.090 (Notice of impounding). [Ord. 1123 § 5, 2016.]
6.15.040 Sale.
If the impounded animal has not been claimed and/or the fees paid, at or before the time set for sale, the animal control officer may proceed to sell the animal through public auction or adoption or dispose of the animal through other lawful means. [Ord. 1123 § 5, 2016.]
6.15.050 Charge for impoundment.
The city of Roslyn shall charge and collect a fee from the owner or custodian as set by resolution. [Ord. 1123 § 5, 2016.]
6.15.060 Redemption.
The owner or custodian of the impounded animal may recover the animal at any time before sale, adoption or other lawful disposal by providing satisfactory evidence of ownership or entitlement to custody and paying all charges or fees accrued. [Ord. 1123 § 5, 2016.]
6.15.070 Reclaiming without permission.
Any person who shall reclaim or attempt to reclaim an impounded animal which is in the city’s custody without permission, or interferes with the actions of the animal control officer in the course of impounding livestock found running at large, shall be deemed guilty of a misdemeanor. [Ord. 1123 § 5, 2016.]
6.15.080 Driving livestock on streets – Violation, penalty.
Any person who shall drive livestock on the streets of Roslyn, unless such animal or animals are under the control of such person by the use of halter or reins, shall be deemed guilty of a misdemeanor. [Ord. 1123 § 5, 2016.]
6.15.090 Swine and goats prohibited with exception.
No swine or goats shall be kept within the corporate limits of the city of Roslyn; provided, that pot-bellied pigs and pygmy goats as defined in Chapter 6.05 RMC shall be allowed in accordance with the regulations set out in Chapter 6.17 RMC. [Ord. 1123 § 5, 2016.]
6.15.100 Barns and structures.
All barns or structures where livestock are kept shall be properly constructed and in good repair, and they must be kept reasonably clean at all times. [Ord. 1123 § 5, 2016.]
6.15.110 Fences.
All fences must be well-built, in compliance with RMC 18.50.030, and kept in good repair at all times. All fences bordering neighboring property must be a minimum of five feet high and of substantial construction. The word “fences,” as used in this section, refers to fences used for the purpose of keeping or containing livestock. [Ord. 1123 § 5, 2016.]
6.15.120 General space and care requirements.
There must be a minimum space of 2,000 square feet for each grazing animal such as a horse, cow, mule or other grazing animal weighing more than 200 pounds, and such grazing area shall not be less than 20 feet wide and be kept reasonably clean at all times.
There must be a minimum space of 400 square feet for each grazing animal such as a pygmy goat, pot-bellied pig or other grazing animal weighing 50 to 200 pounds, and such grazing area shall not be less than eight feet wide.
There must be a minimum space of 40 square feet for each grazing animal such as a chicken, rabbit or other grazing animal weighing less than 50 pounds, and such grazing area shall not be less than four feet wide. [Ord. 1123 § 5, 2016.]
6.15.130 Proximity to residences and occupied buildings.
It is hereby declared to be a public nuisance for any person to keep livestock larger than 50 pounds in an enclosure set back less than 10 feet on the sides, less than 20 feet from the front and set back less than five feet from the back of a residence or occupied building. [Ord. 1123 § 5, 2016.]
6.15.140 Hitching or tethering livestock.
No livestock outside of a securely fenced livestock enclosure shall be left within the city of Roslyn without being first securely hitched or tied to a substantial hitching post or structure. No person shall tie, hitch or fasten any livestock in any manner on public property within the city of Roslyn except where designated, or on private property without permission of the property owner, nor to any light or utility pole located upon any street or other public place in the city of Roslyn. [Ord. 1123 § 5, 2016.]
6.15.150 Speed – Riding into building.
No person shall ride or drive any saddle or work animal of any description in or upon the streets or public places within the city of Roslyn faster than an ordinary traveling gait, nor ride or drive any animal across or into any sidewalk, tavern, drinking house, storehouse, business place, dwelling house, or structure within the limits of the city of Roslyn. [Ord. 1123 § 5, 2016.]
6.15.160 Light required at night.
No person shall ride or drive any saddle or work animal of any description upon any street, alley or public place within the city of Roslyn during the hours of darkness without prominently displaying a light upon such animal which is clearly visible from a distance of 300 feet, at least, front and rear, at all times. [Ord. 1123 § 5, 2016.]
6.15.170 Ordinance cumulative.
This chapter and the regulations shall be cumulative and in addition to the regulations and requirements of all other ordinances of the city of Roslyn on the same subject. In case of direct conflict, the provisions of this chapter shall, to the extent of the conflict, govern over the provisions of any earlier ordinance on the same subject. [Ord. 1123 § 5, 2016.]
6.15.180 Permitting.
It shall be unlawful for any person to keep livestock within the corporate limits of the city of Roslyn except pursuant to an approved livestock permit. It shall be unlawful to keep upon the permitted premises more livestock than the maximum number of each breed of livestock authorized by such permit to be kept upon such premises. [Ord. 1123 § 5, 2016.]
6.15.190 Issuance of livestock permits.
A. Application Required. All applications for permits to keep livestock within the city of Roslyn shall be made in writing and filed with the animal control officer or such other officials as may be designated by the mayor.
B. Required Information. The livestock permit application shall identify the name and mailing address of the applicant, the breed livestock applicant seeks to be permitted to be kept within the city of Roslyn, if someone other than the owner of the livestock is the applicant, the name and mailing address of the owner, the premises upon which the livestock will be kept, the location upon the premises where the livestock will be kept, and verification of the total square footage available on the premises meeting the requirements of RMC 6.15.120 for grazing area. If the livestock are kept at a location prohibited pursuant to RMC 6.15.130 because of the proximity to another residence or occupied structure, a copy of the written permission given by the owner/occupant of such adjacent property. The permit application shall be signed by the applicant and certified under penalty of perjury under the laws of the state of Washington that the contents of the application are true and correct.
C. Effect of Permit. A permit issued pursuant to this chapter shall authorize the applicant to keep each breed of livestock as set forth in the permit, upon the premises identified in the permit. The animal control officer may include on the face of the permit such terms and conditions as are reasonably related to the keeping of such livestock upon the permitted premises. Changes in ownership (real property and/or animal ownership), tenancy and/or breed-type to be kept shall require a new permit to be applied for and issued.
D. Fees. All applications for a livestock permit shall be accompanied by the nonrefundable permit fees as set by resolution of the city council.
E. Permit Nontransferable. Livestock permits are nontransferable. [Ord. 1123 § 5, 2016.]
6.15.200 Permits – Keeping, mailing, contents, alteration.
All permits issued under this chapter shall be posted in a conspicuous place on the premises where such livestock are to be kept. Such permits shall include the date of issuance, the breed of livestock permitted to be kept on the premises, the location of the premises upon which the livestock are to be kept, the name of the person to whom the permit has been issued, and such other information as may be required by the animal control officer or mayor’s designee.
It shall be unlawful to vary such permit by alteration or modification in any manner without the written approval of the animal control officer or such other city officer in charge of issuing such permits.
It is a condition of each livestock permit that the permittee shall, during reasonable hours, allow the animal control officer to enter into and upon the premises to inspect the premises to determine if permittee is in compliance with this chapter and the terms and conditions of the permit. Failure to grant such consent shall constitute a violation of the permit. [Ord. 1123 § 5, 2016.]
6.15.210 Revocation of permits.
In the event of a violation of the terms and conditions of the permit, the animal control officer may serve a notice of revocation upon the permittee in the manner authorized by this chapter. The notice shall specify the violations which are to be corrected. If the violation(s) as set forth in the notice are not corrected within 30 days after a notice has been received, or the permittee has not timely filed a notice of appeal, the permit shall be revoked. Upon such revocation it shall be unlawful for the person to whom the permit was issued or for any person residing in the same home to keep within the city of Roslyn any of the livestock for which the permit was issued.
The permittee may appeal the notice of revocation to the Roslyn city council by filing with the animal control officer a written notice of appeal within 10 days of receipt of the notice of revocation. The written notice of appeal and request for hearing shall identify with specificity (A) the name of the appellant, (B) the mailing address at which the appellant may receive notices related to the hearing, (C) the notice of revocation sought to be appealed, (D) the violation or violations being appealed, (E) the errors of fact or law that form the basis for the appeal, and (F) a statement identifying the relief the appellant is seeking from the city council. The notice of appeal must be signed by the person to whom the notice was issued. In the event that a timely notice of appeal is filed with the city, the revocation shall be stayed until the city council issues a decision upon the appeal.
Upon timely receipt of a notice of appeal, the city shall schedule an appeal hearing at the next regular meeting of the Roslyn city council following receipt of the timely notice of appeal, and provide notice of the same to permittee; provided, that, in the event the hearing is less than five days following receipt of the notice of appeal, the hearing shall be scheduled for the subsequent city council meeting. Failure of the permittee to so appear before the council shall be deemed a waiver of permittee’s right to appeal the matter to the Roslyn city council.
The filing of an appeal, as provided herein, shall not preclude the city from taking further enforcement action under this chapter. [Ord. 1123 § 5, 2016.]
6.15.220 Notice – Service.
A. Methods of Service Authorized. For purposes of this chapter, the methods of service of notice of revocation are authorized as follows:
1. Personal Service. Personal service shall mean handing the document to the person subject to the document or leaving it at his or her dwelling or usual place of abode with some person of suitable age and discretion then residing therein, or leaving it at his or her office or place of employment with a person in charge thereof. Personal service shall also be deemed complete when the hearing examiner or designee, or the hearing body or its designee, hands any order, ruling, decision, or other document to a person prior to, during, or after a hearing.
2. Mailing. Service by mail shall mean sending the document by regular first class mail, postage prepaid and properly addressed, to the mailing address of applicant as set forth in the permit application. Where service of the notice of violation is by mail, service shall be deemed complete upon the third day following the day upon which they are placed in the mail, unless the third day falls on a Saturday, Sunday, or federal legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or federal legal holiday following the third day.
3. Posting. Posting shall mean affixing a copy of the document in a conspicuous place on the property, with at least one copy of such document placed at an entryway to the property or structure if an entryway exists. Service by posting shall be accomplished on the date of the posting in compliance with this section.
4. Publication. Publication of the document shall mean publication as set forth in RCW 4.28.100 and 4.28.110, as currently enacted or hereafter amended.
B. When First Class Mail Deemed Service. Any correction notice, notice of civil violation, notice of hearing, civil regulatory order, or other code enforcement document shall be deemed legally served upon a party by use of regular first class mail, as described in subsection (A)(2) of this section, unless another method of service is expressly required in a particular subsection of this chapter, state law, or court rule; provided, at the discretion of the code enforcement officer, the code enforcement officer may personally serve documents or cause documents to be personally served upon a party.
C. Proof of Service – Due Diligence. Proof of service may be made by written affidavit or declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which service was made, and if service was made solely by posting or publication, facts showing that due diligence was used in attempting to locate a mailing address for the person at whom the notice of violation is directed. Proof of service may also be made by testimony given under oath in a proceeding relating to the violation.
D. Additional Proof of Service Not Necessary. The city council shall not require additional proof of service beyond the requirements in this section. [Ord. 1123 § 5, 2016.]
6.15.230 Violations.
Any person, firm or organization violating this chapter shall, in addition to revocation of the permit, be subject to the violations and penalties set out in RMC 6.05.180, as applicable, for each such violation. Each day for which a violation shall continue shall constitute a separate violation. [Ord. 1123 § 5, 2016.]