Chapter 8.08
KEEPING OF ANIMALS
Sections:
8.08.010 Generally.
8.08.030 Permit required.
8.08.040 Application for permit, inspections, revocation and appeal.
8.08.050 Dairies, animal farms and stockyards prohibited.
8.08.060 Excepting certain existing farms.
8.08.070 Abandonment.
8.08.080 Condition and care required.
8.08.090 Consideration of hardship cases.
8.08.100 Kennels required for more than three dogs or cats.
8.08.110 Certain animals prohibited.
8.08.120 Forfeiture of animals.
8.08.010 Generally.
The city council has determined that the keeping of animals within the city, unless properly regulated as to location and sanitary conditions and as to certain animals unless definitely limited in number or entirely prohibited, is detrimental to public health, safety and general welfare. (Ord. 06-2008 § 1, 2008; Ord. 2000-5 § 1, 2000).
8.08.030 Permit required.
It is unlawful for any person, firm or corporation to keep or maintain or cause or permit to be kept or maintained honey bees or any animals other than household pets in the city, without having applied for and received a permit from the chief of police to so do, which permit shall be revocable should it appear that the keeping of the animals is or may become detrimental to the public health, safety and/or general welfare, as provided in this chapter. (Ord. 02-2010 § 1, 2010; Ord. 06-2008 § 1, 2008; Ord. 2000-5 § 1, 2000).
8.08.040 Application for permit, inspections, revocation and appeal.
A. All applications for such permits referred to in SMC 8.08.030 shall state the number and kind of animals, the type of structure wherein the same are to be housed, the location thereof, the distance from the nearest dwelling or other structure other than that of the owner, and such other information as the chief of police and city planning commission may require.
B. Application shall be made to the police department by submitting a letter containing complete details and information. An application fee shall be collected. The amount of the application fee shall be set annually by the city council by resolution. The permit application shall thereafter be referred to the chief of police or the chief’s designee, who shall investigate the situation covered by such application and if, in the chief’s discretion, conditions in connection with the keeping of the animals are satisfactory and will not be detrimental to the health, safety and/or welfare, a permit shall be issued. Otherwise, the permit application shall be denied.
C. The premises for which any permit has been granted shall be subject to inspection upon 24-hour notice by the police department for compliance with permit requirements.
D. If at any time the police department determines that the requirements of the permit or this chapter are not being met, the permit may be immediately revoked.
E. Any appeal of the decision to deny a permit application or to revoke an existing permit shall be made to the planning commission. Upon receipt of an appeal, the planning commission shall hold a public hearing, upon notice to the applicant, and may grant or deny a new application or, with respect to an existing permit, may confirm or revoke the same. The notice shall be made at least 10 days prior to the meeting, and shall state the time and place of the hearing. All determinations of the planning commission made pursuant to this section shall be final. (Ord. 06-2008 § 1, 2008; Ord. 2000-5 § 1, 2000).
8.08.050 Dairies, animal farms and stockyards prohibited.
It is unlawful for any person to establish, operate or maintain, or to permit to be established, operated or maintained, upon any premises within the city any cow or goat dairy, any stockyards or horse farm, or any hog farm, and further it is unlawful to keep within the city any swine whatsoever and the keeping of any thereof, upon any premises within the city, shall be and the same is declared to be a nuisance. (Ord. 02-2010 § 2, 2010; Ord. 06-2008 § 1, 2008; Ord. 2000-5 § 1, 2000. Formerly 8.08.060).
8.08.060 Excepting certain existing farms.
The foregoing prohibition in SMC 8.08.050 of dairies, animal farms or stockyards shall not be retroactive or effective as to the same if actually in operation now and as of July 1, 1951, and provided a permit for such operation and maintenance is issued by the city planning commission. No enlargement of any existing farms so excepted shall be permitted by adding to the number of animals kept upon any premises in connection with the excepted dairies, stock farms or stockyards. (Ord. 06-2008 § 1, 2008; Ord. 2000-5 § 1, 2000. Formerly 8.08.070).
8.08.070 Abandonment.
Any cessation of operations of existing dairies, stock farms or stockyards, coupled with a change in the use of the premises for other purposes for a period of six months, shall be construed to be an abandonment of such original purpose in connection with the premises and thereafter no use of the premises for dairy, stock farm or stockyard shall be permitted. (Ord. 06-2008 § 1, 2008; Ord. 2000-5 § 1, 2000. Formerly 8.08.080).
8.08.080 Condition and care required.
For the guidance of applicants certain limitations are hereinafter set forth, the failure to observe which shall justify the denial of an application or revocation of a permit; however, compliance with such limitations will not in itself guarantee the granting of a permit, but each application may be determined by the situation existing in each case.
A. Poultry. The limitations and minimum standards applicable to the keeping of poultry shall be as set forth in Table 1, following:
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Area of Regulation |
Lot Size of 10,000 Square Feet or Greater |
Lot Size of Less Than 10,000 Square Feet |
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Zoning District: |
Prohibited in commercial, mixed use, multifamily and mobile home zoning districts. |
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Setback of Henhouse and Pen from Side or Rear Property Line: |
10 feet, minimum. |
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Allowed Yard Location: |
Rear yard. |
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Maximum Flock Size: |
An additional 16 hens shall be allowed for each additional 10,000 square feet of lot area, up to a maximum of 50. |
Up to 16. |
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Allowance for Roosters: |
The keeping of roosters is prohibited, except that permits for the keeping of roosters issued prior to October 3, 2008, shall remain valid as long as the conditions associated with such permits continue to be met. |
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Habitation Requirements: |
A henhouse and a pen are both required. The henhouse shall be roofed and shall provide for a minimum of four square feet per hen. The pen shall be fully enclosed, including a roof covering. The henhouse and pen shall be designed, constructed and maintained such that the flock is securely contained. |
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Ongoing Maintenance and Care: |
The flock shall be contained within a henhouse and pen of an adequate size. The henhouse and pen shall be maintained in a clean and sanitary condition. The flock shall be cared for in a humane manner, to include, at minimum, regular feeding and watering, regular cleaning of waste, protection from the elements and predators, and the treatment of disease. |
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Protection from Pests: |
All enclosures for the keeping of poultry shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure. All feed and other items associated with the keeping of poultry that are likely to attract or to become infested with or infected by rats, mice, or other rodents shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them. |
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Slaughtering: |
Slaughtering shall be conducted humanely and only for purposes of home consumption. |
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B. Rabbits. The limitations and minimum standards applicable to the keeping of rabbits shall be as set forth in Table 2, following:
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Area of Regulation |
Lot Size of 10,000 Square Feet or Greater |
Lot Size of Less Than 10,000 Square Feet |
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Zoning District: |
Prohibited in commercial, mixed use, and mobile home zoning districts. |
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Setback of Pen from Side or Rear Property Line: |
10 feet, minimum. |
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Allowed Yard Location: |
Rear yard. |
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Maximum Number: |
An additional 8 rabbits shall be allowed for each additional 10,000 square feet of lot area, up to a maximum of 50. |
Up to 8. |
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Habitation Requirements: |
If kept outdoors, a pen is required. The pen shall be roofed and shall provide for a minimum of four square feet per rabbit. The pen shall be fully enclosed, including a roof covering, and shall be designed, constructed and maintained such that the rabbits are securely contained. |
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Ongoing Maintenance and Care: |
Rabbits kept outdoors shall be contained in a pen of an adequate size. The pen shall be maintained in a clean and sanitary condition. Rabbits shall be cared for in a humane manner, to include, at minimum, regular feeding and watering, regular cleaning of waste, protection from the elements and predators, and the treatment of disease. |
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Protection from Pests: |
All pens or other enclosures for the keeping of rabbits shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure. All feed and other items associated with the keeping of rabbits that are likely to attract or to become infested with or infected by rats, mice, or other rodents shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them. |
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Slaughtering: |
Slaughtering shall be conducted humanely and only for purposes of home consumption. |
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C. Animals other than honey bees, poultry or rabbits shall not be kept on any lot containing less than 10,000 square feet or in any corral or barn within 75 feet of any dwelling or human habitation other than that occupied by the applicant.
D. The keeping of swine shall not be permitted. The foregoing limitations shall not be retroactive or applicable to the poultry or rabbit farms, dairies or horse farms referred to in SMC 8.08.060 for which a permit is granted.
E. Honey Bees. The limitations and minimum standards applicable to the keeping of honey bees shall be as set forth in Table 3, following:
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Area of Regulation |
2 – 4 Hives |
5 – 10 Hives |
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Zoning District: |
Prohibited in commercial, mixed-use, multifamily and mobile home zoning districts. |
Allowed only in the agricultural and public zones. |
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Lot Size: |
A maximum of two hives shall be allowed on lots of 10,000 square feet or less. A maximum of four hives shall be allowed on lots of greater than 10,000 square feet in area. |
Two acres, minimum. |
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Setback of Hives from Side or Rear Property Line: |
10 feet, minimum. |
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Yard Location: |
Rear yard. |
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Screening and Orientation of Hives: |
The beehive entrance shall be directed away from the neighboring property and hives shall be situated behind a fence, hedge or similar screen that is a minimum of six feet in height running parallel to the property line. |
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Habitation Requirements: |
Hives shall be of adequate size and shall be positioned so that the first 25 feet of the flight path is directed away from on-site or neighboring residences. Hives shall be fully enclosed including a roof covering or weatherproof top, and shall be designed, constructed, and maintained such that the bees can be properly contained. |
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Ongoing Maintenance and Care: |
It shall be the duty of every person on whose property bees are kept to: (1) maintain bees in a condition that will reasonably prevent swarming and aggressive behavior; (2) provide adequate water for the bees to reasonably prevent them from seeking water on neighboring properties; (3) maintain hive boxes and the area around them in a clean and sanitary condition. |
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Protection from Pests: |
Hives shall be constructed so as to prevent rats, mice, and other rodents from being harbored underneath or within the walls of the hives or their enclosures. All items associated with the keeping of bees that are likely to attract, or become infested by, rats, mice or rodents shall be protected so as to prevent such rodents from gaining access to, or coming into contact with, them. |
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F. It is declared to be a nuisance and it is unlawful for any person to keep or permit to be kept upon any premises any animals or poultry or household pets in a foul, offensive, obnoxious, filthy or unsanitary condition. (Ord. 02-2010 § 3, 2010; Ord. 06-2008 § 1, 2008; Ord. 2000-5 § 1, 2000. Formerly 8.08.090).
8.08.090 Consideration of hardship cases.
In the event that any person believes that unreasonable restrictions or unnecessary and extraordinary hardship or damage will be imposed upon him from the carrying out of the strict letter of any of the provisions of this chapter, such person may request a hearing thereon before the city planning commission and, after a public hearing thereon held upon notice to claimant, if the city planning commission finds that unreasonable restrictions, unnecessary and extraordinary hardship or damage will be imposed upon the claimant, then any of the provisions or regulations hereof may be modified in harmony with the general purposes and objectives hereof to the end that the public health, safety and welfare of the people may be secured and substantial justice done and the planning commission may instruct the chief of police to issue a permit in the case of such claimant. If the planning commission finds otherwise, the issuance of a permit shall be denied. Any decision of the city planning commission rendered after a hearing held in the manner prescribed shall be final and conclusive. (Ord. 06-2008 § 1, 2008; Ord. 2000-5 § 1, 2000. Formerly 8.08.100).
8.08.100 Kennels required for more than three dogs or cats.
A. No more than three dogs or three cats over the age of four months shall be permitted at a dwelling unit. Dogs or cats in greater numbers may be kept only in kennels lawfully established and maintained in places permitted by the zoning ordinance, and any kennel is presumed to be a commercial activity. Notwithstanding the foregoing restrictions, the animal control officer may grant a permit to keep one additional dog and cat for each 6,000 square feet or fraction thereof by which a parcel of land used for residential purposes exceeds 12,000 square feet in area, if he finds that the keeping of such additional dogs or cats will not result in violation of other provisions of this title, or amount to a nuisance, or otherwise tend to impair the objectives of this title. Refusal of such a permit when requested may be appealed to the city planning commission under subsection B of this section.
B. Any person who has been denied a permit to keep additional dogs or cats on a large parcel of land under subsection A of this section may appeal to the city council from such decision and from any order or direction made pursuant to such decision, on condition that such appeal is made in writing and filed with the city clerk within seven calendar days after the refusal of such permit has been received. The appeal may be in the form of a letter or similar writing, and should contain a specific statement of the ground(s) upon which the appeal is made. The city council may hear the appeal at its next regular or special meeting after the filing thereof, or may set the appeal for later hearing. The filing of appeal shall stay all administration action, except in cases where life or property is endangered. (Ord. 06-2008 § 1, 2008; Ord. 2000-5 § 1, 2000. Formerly 8.08.101).
8.08.110 Certain animals prohibited.
Except for use in regularly established circuses or carnivals lawfully permitted to operate for shows or exhibitions of limited duration, no person shall keep, harbor or possess at any time in the city any elephant, camel, bear, lion, cougar, wolf, coyote, monkey, ape, chimpanzee, baboon, orangutan, poisonous or otherwise dangerous serpent or reptile, or any other animal, reptile, serpent or other living creature of a kind normally domesticated but which in the individual case is known to have propensity dangerous to human beings because the animal or creature is untamed or has been allowed to revert to wild state or disposition. Any animal or other creature kept in violation of this section is subject to impoundment and forfeiture. (Ord. 06-2008 § 1, 2008; Ord. 2000-5 § 1, 2000. Formerly 8.08.102).
8.08.120 Forfeiture of animals.
A. Animals or other creatures including any household pets which are voluntarily surrendered to the animal control officer by the owner shall be disposed of or destroyed in a humane manner.
B. Animals including any household pets which are unredeemed after impoundment, or which are forfeited by express provisions of this code, shall be disposed of or destroyed in a humane manner.
C. No impounded dog shall be given away or destroyed for at least six business days, as stated in SMC 8.12.150, and then only after notice to the owner, if the owner is known. (Ord. 06-2008 § 1, 2008; Ord. 2000-5 § 1, 2000. Formerly 8.08.103).