Chapter 6.10
KEEPING OF ANIMALS WITHIN CITY LIMITS
Sections:
6.10.020 Chapter compliance required.
6.10.040 Areas zoned agricultural.
6.10.060 Issuance of infractions.
6.10.070 Not construed to permit prohibited activities.
6.10.010 Definitions.
A. “Livestock,” where used in this chapter, means and includes any animal of the species horse, mule, ass, cattle, llama, sheep, goat, swine and any other animal similar in nature and size.
B. “Domestic fowl,” where used in this chapter, means and includes any duck, chicken, goose, turkey, peafowl, pigeon and any other animal similar in nature and size.
C. “Small animals,” where used in this chapter, means and includes any domestic dog or cat, rabbit, chinchilla, guinea pig, hamster and any other domestic animal similar in nature and size.
D. “Miniature potbelly pig,” where used in this chapter, means and includes any of that type of swine commonly known as the Vietnamese, Chinese, or Asian potbelly pig (Susscrofa bittatus).
E. “Wild or exotic animal” means any or all of the following animals, whether bred in the wild or in captivity, and also any or all of their hybrids with domestic species. It is not the intent of this section to include domesticated species such as horses, cows, sheep, or llamas with the animals listed below. The words in parentheses are intended to act as examples only and are not to be construed as being an exhaustive list or to otherwise limit the generality of each group of animals:
1. Nonhuman primates and prosimians (such as chimpanzees, monkeys);
2. Felids, except domesticated cats;
3. Canids, including wolf hybrids and except domesticated dogs;
4. Ursids (bears);
5. Elephants;
6. Marine mammals (such as seals, sea lions, dolphins, otters);
7. Crocodilians (such as alligators and crocodiles);
8. Marsupials (such as kangaroos and opossums);
9. Venomous species of snakes and reptiles and snakes and reptiles capable of inflicting serious physical harm or death to human beings;
10. Ungulates (such as hippopotamus, rhinoceros, giraffe, camel, zebra, deer);
11. Hyenas;
12. Mustelids (such as skunks, weasels, otters and badgers);
13. Procyonids (such as raccoons and coatis);
14. Endentates (such as anteaters, sloths and armadillos);
15. Viverrids (such as mongooses, civets, and genets);
16. Camels; and
17. Cetaceans. (Ord. 1497 § 1 (part), 2007)
6.10.020 Chapter compliance required.
It is unlawful for any person, persons, firm or corporation to keep or maintain any animal within the city limits, except as provided in this chapter. (Ord. 1497 § 1 (part), 2007)
6.10.030 Keeping of animals.
The keeping of animals within the city limits is permitted as follows:
A. Small Animals. Up to three small animals per single-family residential structure may be kept in single-family zones; however, no more than one may be a miniature potbelly pig (see subsection B of this section).
B. Miniature potbelly pigs may be kept as domestic pets as a small animal; provided, that no swine may be kept in the city which is greater than twenty-two inches in height at the shoulder or more than one hundred fifty pounds in weight.
C. Domestic Fowl. Up to three domestic fowl may be kept on any lot in addition to the small animals permitted in the preceding subsection. For each one thousand square feet of lot area an additional domestic fowl may be kept. Keeping of roosters is not allowed under this chapter.
D. Livestock are permitted only on lots of at least twenty thousand square feet.
The keeping of swine is prohibited, except for miniature potbelly pigs allowed under subsection B of this section.
1. One livestock animal for every ten thousand square feet of lot area is permitted.
2. Livestock and structures housing them must be kept at least fifty feet from any residential structure.
E. Beekeeping. Beekeeping is permitted when registered with the State Department of Agriculture; provided, that:
1. No more than four hives, each with only one swarm, shall be kept on lots of less than ten thousand square feet.
2. Hives shall not be located within twenty-five feet of any property line except when situated eight feet or more above the grade immediately adjacent to the grade of the lot on which the hives are located or when situated less than eight feet above the adjacent existing lot grade and behind a solid fence or hedge six feet high parallel to any property line within twenty-five feet of a hive and extending at least twenty feet beyond the hive in both directions.
F. The possession or maintenance of an exotic or wild animal within Sumas by private citizens is prohibited. This subsection does not prohibit the use or exhibition of wild or exotic animals for educational purposes by institutions that are accredited by the American Zoological Association or by the Association of Sanctuaries. (Ord. 1497 § 1 (part), 2007)
6.10.040 Areas zoned agricultural.
The provisions of this chapter governing the keeping of livestock and domestic fowl do not apply to areas zoned agricultural. (Ord. 1497 § 1 (part), 2007)
6.10.050 Violation—Penalty.
Violation of any of the provisions of this chapter shall be punished as follows:
a. First Offense. The first offense shall be punished by a penalty of not more than two hundred fifty dollars, including all costs and assessments, and not less than fifty dollars, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
b. Second Offense. The second offense within a five-year period shall be punished by a penalty of not more than two hundred fifty dollars, including all costs and assessments, and not less than one hundred fifty dollars, which minimum amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this penalty.
c. Third or Subsequent Offense. A person committing a third or subsequent offense within a five-year period shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed one thousand dollars or imprisonment in jail not to exceed ninety days or by both such fine and imprisonment. The minimum sentence shall be two hundred fifty dollars, which amount shall not be suspended or deferred, but the court may authorize community service in lieu of all or part of this fine.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1497 § 1 (part), 2007)
6.10.060 Issuance of infractions.
Law enforcement officers commissioned by the city of Sumas are authorized to issue a notice of infraction upon certification the officer has probable cause to believe, and does believe, that a person has committed an infraction contrary to the provisions of this chapter. The infraction need not have been committed in the issuing officer’s presence except as otherwise provided by law. (Ord. 1497 § 1 (part), 2007)
6.10.070 Not construed to permit prohibited activities.
No provision contained in this chapter shall be construed to permit any activity, or the keeping of any animal, that is otherwise prohibited by law. (Ord. 1497 § 1 (part), 2007)
6.10.080 Additional remedies.
The remedies prescribed in this chapter are in addition to all other remedies provided or authorized by law, including the city’s right to bring an action in the Whatcom County superior court to enjoin and/or abate any violation of this chapter. (Ord. 1497 § 1 (part), 2007)