Chapter 6.20


6.20.010    Harboring horses and ponies.

6.20.020    Location of shelter buildings for rabbits, pigeons and doves.

6.20.030    Harboring birds.

6.20.035    Harboring bees.

6.20.040    Penalties.

6.20.010 Harboring horses and ponies.

Horses and ponies harbored under this title shall conform to the following:

A.    All horses and ponies harbored on a lot overnight must have access to an animal shelter building on that lot that meets the definition of an animal shelter building as defined in this title.

B.    All animal shelter buildings for horses and ponies, arenas and other structures to be used by horses and ponies require a conditional use permit as provided for in Title 17, and shall meet or exceed all setback requirements of Title 17, Zoning.

C.    The owner and/or tenant or other occupier of the lot upon which any horse or pony is harbored for more than seven consecutive days within the city limits shall provide adequate fencing in a good state of repair to guarantee the confinement of said animal within said fence, which fence shall completely enclose an area describing at least the minimum area of open space pasturing. Such fence shall meet or exceed all setback requirements of Title 17, Zoning.

D.    The owner of any horse or pony and the owner and/or tenant or occupier of the lot upon which any horse or pony is harbored within the city limits shall guarantee and, at all times, maintain the premises upon which the horse or pony is harbored in a sanitary and neat condition as determined by the animal control authority. Sanitary and neat conditions require, but are not limited to, the following:

1.    Manure or other waste material from said animal shall be collected at least on a daily basis and must be contained within a structure or device so that no noxious or offensive odors escape from the property where the waste is stored and/or treated;

2.    No solid waste or mud may be allowed to run off the lot onto adjoining property from any area horses or ponies have access to; and

3.    No accumulation of flies or other insects or pests can occur within the lot on which a horse or pony is harbored.

E.    The presence of noxious or offensive odors and the accumulation of flies, insects or other pests transcending into neighboring real property shall be presumed to be inadequate sanitary conditions.

F.    No animal may be harbored within a wetland or stream regulated by Chapter 17.52B or 17.52C or within their associated buffer area. (Ord. 1267 § 5 (Exh. D) (part), 2011: Ord. 1105 § 2 (part), 2004)

6.20.020 Location of shelter buildings for rabbits, pigeons and doves.

All rabbit hutches and pigeon and dove shelters shall meet or exceed all setback requirements of Title 17, Zoning. (Ord. 1267 § 5 (Exh. D) (part), 2011: Ord. 1105 § 2 (part), 2004)

6.20.030 Harboring birds.

A.    Other than female chickens, all birds shall be confined within a structure, which structure shall be adequately insulated to maintain reasonable noise levels in compliance with Chapter 8.18, Noise Control, and Section 9.30.030, Public disturbance noises. The structure shall be at least as large so as to provide one-half square feet of area for each small bird; one square foot for each pigeon and dove; and two square feet for each large parrot (or similar bird). The maximum allowed size for a structure harboring birds shall be two thousand square feet. All structures shall meet or exceed all requirements of Title 15, Buildings and Construction, and Title 17, Zoning.

B.    Female chickens may be harbored in single-family residential zones provided:

1.    The Snohomish Conservation District conducts a site visit and a technical letter containing site-specific and general recommendations for harboring chickens is obtained.

2.    A one-time coop license from the city of Mukilteo shall be obtained before chickens are harbored. If ownership or location of the coop is changed, then a new coop license shall be obtained.

a.    The cost of the coop license shall be established by city council resolution.

b.    The following items shall be submitted with an application for a coop license:

i.    Completed application form provided by the city of Mukilteo accompanied by the appropriate license fee.

ii.    Site plan showing existing structures and property lines, the location of the proposed coop and fenced enclosure area and the distance of the coop and fenced area from structures and property lines.

iii.    Copy of a site-specific Snohomish Conservation District technical letter for the site and evidence that a site visit was conducted by the district.

3.    Chickens are not allowed to run at large and shall be enclosed within an outdoor enclosure at all times.

4.    Slaughtering is prohibited.

5.    Commercial sale of eggs and meat is prohibited.

6.    Chicken feed and food shall be stored in rodent-resistant containers and feeders.

7.    The person to whom the coop license was issued shall undertake rodent eradication measures if:

a.    Excessive rodent activity is observed in the vicinity of any chicken coop; or

b.    Fenced enclosure is not in compliance with local, state and federal laws.

8.    An outdoor enclosure is created, which chicken hens have access to during daylight hours, that is:

a.    Encircled around its entire perimeter by a fence at least four feet high, but not more than six feet high, that is secure enough to protect them from predators and to ensure they cannot escape from the enclosure. The fence shall be partially buried and of a stout gauge pursuant to best management practices of the Snohomish Conservation District and Washington State University Extension.

b.    At least ten square feet in area per hen.

c.    Located:

i.    Only in a rear setback area; and

ii.    Not located within any critical area or its buffer; and

iii.    Set back from all property lines by at least fifteen feet; and

iv.    No closer than twenty-five feet to a dwelling unit located on adjacent lots.

9.    At all times the chicken hens have access to a covered, predator- and rodent-resistant hen house (coop) that is:

a.    Located:

i.    Within the required outdoor enclosure; and

ii.    At least five feet from any structure, including decks, on the lot;

b.    No more than one hundred twenty square feet in area but provides at least four square feet of area per hen;

c.    No taller than twelve feet in height above the ground at the structure’s highest point;

d.    Properly ventilated;

e.    Constructed with a solid roof, walls and door; and

f.    Maintained in good condition with any holes or gaps resulting from wear or weathering repaired immediately.

g.    A conditional use permit pursuant to Section 17.16.040 for “animal and horse shelter building” is not required for a hen house. (Ord. 1267 § 5 (Exh. D) (part), 2011: Ord. 1105 § 2 (part), 2004)

6.20.035 Harboring bees.

A.    Mason and honey bees may be harbored anywhere in the city of Mukilteo except in multifamily residential zones or on parcels with multifamily dwelling units.

B.    The requirements of this chapter do not apply to mason and honey bees which are naturally present at a location and which do not benefit from any human support.

C.    When bees are to be harbored in single-family residential zones, the beekeepers shall notify residents living on lots adjacent to the lot where the bees are to be located. Notification shall be:

1.    At least seven days before bees are brought on site; and

2.    Shall be in writing, delivered by mail or in person, and include the following information:

a.    Reference to Section 6.20.035 which allows harboring of bees; and

b.    Type of bees being harbored; and

c.    Number of hives/colonies to be harbored; and

d.    Applicant’s telephone number and e-mail address; and

e.    City of Mukilteo contact information (425-263-8000).

D.    Mason bees may be harbored, provided the areas in which they are cultivated shall be at least fifteen feet from all property lines.

E.    Honey bees may be harbored, provided:

1.    Hives shall be at least fifteen feet from all property lines.

2.    If a hive is located less than twenty-five feet from a property line a solid six-foot-high fence shall:

a.    Be located between the hive(s) and the property line; and

b.    At a minimum, extend at least twenty-five feet beyond the hive(s) in both directions.

c.    If the bottom of the hive(s) are placed at least eight feet above ground level then no fence is required.

3.    No more than four hives, each with only one colony, shall be kept on a single lot.

4.    Colonies shall be maintained in movable-frame hives at all times.

5.    Adequate space shall be provided in each hive to prevent overcrowding and swarming.

6.    Colonies shall be requeened at least once every two years.

7.    A source of water shall be provided for the colony unless any consistent source of water naturally occurs within nine hundred feet of the colony.

8.    Colonies shall be kept in a manner so that bee movements to and from the hive do not interfere with the ordinary movements of persons on adjacent properties or public rights-of-way.

9.    All bee colonies shall be registered with the Washington State Department of Agriculture pursuant to RCW 15.60.021 prior to April 1st of each year or within one month of establishment of the colony(ies).

10.    Home occupations and commercial activities related to honey bees, including sale of honey produced, is prohibited in single-family residential zoning districts. However, honey produced by colonies located in single-family residential zones may be commercially sold off site. (Ord. 1303 § 4, 2012)

6.20.040 Penalties.

A.    Civil Infractions. Any person violating any of the provisions of this chapter is guilty of a civil infraction subject to the provisions contained in Section 1.32.020, Civil infractions. The first offense shall be a Class III civil infraction. The second offense shall be a Class II civil infraction. The third offense shall be a Class I civil infraction.

B.    Misdemeanors. Any person who violates the provisions of this chapter more than three times within a five-year period shall be guilty of a misdemeanor subject to the provisions contained in Section 1.32.010(B). (Ord. 1267 § 5 (Exh. D) (part), 2011: Ord. 1105 § 2 (part), 2004)