HomeMy WebLinkAbout3839 (47)Ordinance No. 3844
(Amending or Repealing Ordinances)
CFN= 121 -Rezones
Passed — 6/19/2007
Animals Maintained Within City
Amends Ords. 2316;2787;3156;3218;3429;3837
Repealed by Ord. 3979 (except Secs. 8.03.210(2);8.03.210(3);8.03.210(4)
0
ORDINANCE NO. _3
AN ORDINANCE of the city council of the city of
Kent, Washington, amending the Kent City Code
regarding the keeping of animals and fowl on property
within the City of Kent.
RECITALS
A. The Kent City Code, as currently enacted, restricts the types of
animals property owners may maintain in residential districts on lots smaller than
20,000 square feet. While dogs and cats are allowed under existing code
provisions, it is a nuisance to maintain horses, mules, rabbits, bovine animals,
Iambs, goats, sheep, birds, hogs, and chickens on lots smaller than 20,000 square
feet. Some community members, however, have contacted the City expressing a
desire to maintain some animals, currently considered to be nuisances, in
residential districts.
B. The City's review of its code provisions concerning animals
authorized in residential districts began with an application received on August 14,
2006, from a Kent citizen requesting the City recognize the benefits chickens
provide to the community. This application was identified as Dkt-2006-5. At its
December 12, 2006, meeting, the Kent City Council added Dkt-2006-5 to staff's
2007 work program, requesting staff review the applicable Kent City Code
provisions to determine if it is appropriate to amend the code to allow animals
other than cats and dogs to be possessed on residential lots smaller than 20,000
square feet.
C. On April 10, 2007, the City provided the State of Washington the
notification required under RCW 36.70A.106 of the City's proposed code
1 Animals Maintained Within City
amendments. On April 25, 2007, the state granted expedited review of this issue
and provided its confirmation that the City met the requirements of RCW
36.70A.106.
D. At its April 23, 2007, meeting, the Land Use and Planning Board
held a hearing where the board solicited public comment on the issue. At the
conclusion of the public hearing, the board unanimously approved the Community
Development staff recommendation to amend the Kent City Code to allow animals
in all zoning districts in the city and to expand the types of animals allowed in
residential districts.
E. At its May 14, 2007, and June 11, 2007, meetings, the Planning and
Economic Development Committee considered the Land Use and Planning Board's
recommendation and discussed proposed code revisions relating to the types of
animals property owners may maintain in all zoning districts in the City. This
ordinance reflects the Committee's recommendation to Council. The Council
considered this matter at its June 19, 2007, Council meeting and adopted the
Committee's recommendation.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment. Section 8.03.030 of the Kent City Code,
relating to animal control and entitled "Definitions," is amended as follows:
Sec. 8.03.030 Definitions. The following words, terms and phrases,
when used in this chapter, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Abatement means the termination of any violation by reasonable and
lawful means determined by the director in order that an owner or a person
presumed to be the owner shall comply with this chapter.
Anima/ means any living creature except persons, insects, and worms.
2 Animals Maintained Within City
Animal control authority means the King County Animal Control Section,
licensing and regulatory services division, acting alone or in concert with other
municipalities for enforcement of animal control laws and the shelter and welfare
of animals.
Animal control officer means any individual employed, contracted or
appointed by the animal control authority for the purpose of aiding in the
enforcement of this chapter or any other law or ordinance relating to the licensing
of animals, control of animals or seizure and impoundment of animals, and
includes any state or municipal peace officer, sheriff, constable or other employee
whose duties in whole or in part include which involve the seizure and taking into
custody of any animal.
Animal rescuer means any individual who routinely obtains an unwanted
dog or cat or who locates within ninety (90) days an adopted home for that
spayed or neutered dog or cat; provided, however, an interim, administrative
extension may be granted by the animal control authority for a maximum of six
(6) months if a dog or cat is pregnant, nursing, or inured and that condition is
verified by a veterinarian.
Cattery means a place where four (4) or more adult cats are kept, whether
by owners of the cats or by persons providing facilities and care, whether or not
for compensation, but not including small animal hospital, clinic or pet shop. An
adult cat is one (1) of either sex, altered or unaltered, that has reached an age of
six (6) months.
Dangerous dog means that term as defined by RCW 16.08.070, and KCC
8.03.220 through 8.03.250.
Director means the individual in charge of and responsible for the King
County Animal Control Section, licensing and regulatory division.
Domesticated animal means any deg, eat, rabbit, herse, mule, ass,bevine
animal, Iamb, geat, sheep r he b Fd er . the a' ..de to be de st any
animal made to be domestic and includes, but is not limited to, domesticated fowl,
small domesticated animals, and large domesticated animals.
Domesticated fowl means any duck goose, swan, chicken, or other fowl of
similar size and character.
Euthanasia means the humane destruction of an animal accomplished by a
method that involves instantaneous unconsciousness and immediate death, or by
3 Animals Maintained Within City
a method that causes painless loss of consciousness, and death during such loss
of consciousness.
Exotic animal means any of the following:
1. Venomous species of snakes capable of inflicting serious harm or
death to human beings.
2. Non -human primates and prosimians.
3. Bears.
4. Nondomesticated species of felines.
5. Nondomesticated species of canines and their hybrids, including
wolf and coyote hybrids.
6. The order of crocodilia, including alligators, crocodiles, caiman, and
gavials.
Grooming parlor means any place or establishment, public or private,
where animals are bathed, clipped or combed, whether or not for compensation,
for the purpose of enhancing their aesthetic value.
Harboring, keeping, or maintaining a dog or cat means performing any of
the acts of providing care, shelter, protection, refuge, food, or nourishment in
such manner as to control the animals actions, or, that the animal(s) is treated as
living at one's house by the homeowner.
Hobby cattery means a noncommercial cattery at or adjoining a private
residence where four (4) or more adult cats are bred or kept for exhibition for
organized shows or for the enjoyment of the species; provided, however, a
combination hobby cattery/kennel license may be issued where the total number
of cats and dogs exceeds the number allowed under KCC Title 15.
Hobby kennel means a noncommercial kennel at or adjoining a private
residence where four (4) or more adult animals are bred and/or kept for hunting,
training and exhibition for organized shows, field, working and/or obedience trials
or for enjoyment.
Juvenile means any dog or cat, altered or unaltered, that is under the age
of six (6) months.
Kennel means a place where four (4) or more adult dogs or cats or any
combination thereof are kept whether by owners of the dogs and cats or by
persons providing facilities and care, whether or not for compensation, but not
including a small animal hospital or clinic or pet shop. An adult dog or cat is one
(1) of either sex, altered or unaltered, that has reached the age of six (6) months.
4 Animals Maintained Within City
Laroe domesticated animal means any horse, mule, ass, bovine animal,
Iamb, goat, sheep, or other animal of similar size and character, provided, it shall
not mean pigs or swine of any kind.
Leash shall include a cord, thong or chain not more than eight (8) feet in
length by which an animal is controlled by the person accompanying it.
Livestock means horses, bovine animals, sheep, goats, swine, reindeer,
donkeys, mules and fowl.
Owner means any person having an interest in or right of possession to an
animal or any person having control, custody or possession of any animal, or who,
by reason of the animal being seen residing consistently in a location, may
presume to be the owner, and includes the definition as provided in RCW
16.08.070.
Pack of dogs means a group of three (3) or more dogs running upon either
public or private property not that of its owner in a state in which either its control
or ownership is in doubt or cannot readily be ascertained, and when such dogs are
not restrained or controlled.
Park means and includes all parks, squares, drives, parkways, docks, piers,
moorage buoys and floats, boulevards, golf courses, beaches, playgrounds and
recreation areas, play fields, public gardens, green belts, and other park,
recreation, and open space areas, buildings, and facilities comprising the parks
and recreation system of the city of Kent.
Person means any individual, partnership, firm, point stock company,
corporation, association, trust, estate or other legal entity.
Pet shop means a person or establishment that acquires for the purpose of
sale live animals, including birds, reptiles, fowl and fish, bred by others whether
as owner -agent, or on consignment, and sells, or offers to sell such live animals,
including birds, reptiles, fowl and fish, to the public or to retail outlets.
Potentially dangerous dog means that term as defined in RCW 16.08.070
and KCC 8.03.220 through 8.03.250.
Recognized program means:
1. A program responsible for training a service animal that follows
written guidelines for training;
2. The training methods have been reviewed and approved by an
organization of groups that perform such training, if such an organization exists;
5 Animals Maintained Within City
3. Has been in existence and directly involved in the training of service
animals for at least three (3) years; and
4. Can show that the training of the service animal is performed or
directly supervised by a person who has a minimum of five (5) years' experience
training the type of animal sought to be used for service.
Restraint means an animal is considered to be under restraint if it is
maintained and remains within the property limits of its owner or keeper.
Running at large means to be off the premises of the owner or on the
premises of another without the written permission of the owner thereof and not
on a leash and not under the control of the owner or competent person authorized
by the owner.
Service animal means any guide dog, signal dog, or other animal
individually trained through a recognized program to do work or perform tasks for
the benefit of an individual with a disability, including but not limited to, guiding
individuals with impaired vision, alerting individuals with impaired hearing to
sounds, providing minimal protection or rescue work, pulling a wheelchair, or
fetching dropped items.
Shelter means a facility which is used to house or contain stray, homeless,
abandoned or unwanted animals and which is owned, operated or maintained by a
public body, an established humane society, animal welfare society, society for the
prevention of cruelty to animals or other nonprofit organization or person devoted
to the welfare, protection and humane treatment of animals.
Small domesticated animal means any dog cat rabbit or other animal of
similar size and character. Included within this definition is a type of swine
commonly known as Vietnamese Chinese or Asian Potbelly Pigs (Sus scrofa
bittatus).
Under control means the animal is restrained by a leash, chain, or similar
device from approaching any bystander or other animal and from causing or being
the cause of physical property damage when off the premises of the owner.
Vicious means actions of animals, other than a dangerous dog or
potentially dangerous dog, with the propensity to do any act that might endanger
the safety of any person, animal, property of another, including, but not limited
to, a disposition to mischief or fierceness as might occasionally lead to attack on
human beings without provocation, whether in play or outbreak of untrained
nature.
6 Animals Maintained Within City
SECTION 2. - Amendment. Section 8.03.210 of the Kent City Code,
entitled "Animal nuisances defined," is amended as follows:
Sec. 8.03.210. Animal nuisances defined. For purposes of this
section, violations of this section are nuisances and shall include but not be limited
to the following:
1. Any public nuisance relating to animal control known at common
law or in equity jurisprudence.
2. Maintaining large domesticated aAnimals,
pets, such as
,
lambs geats sheep, 13+rds, hogs elle-Ee+rs er ether lame .deffiesti-c�
on lots of
less than twenty thousand (20,000) square feet or in violation of KCC 15.08.070.
3. Maintaining more than three (_3) small domesticated animals to
r st dential .d•,-4... is -.p per business establishment or dwelling unit on lots of less
than twenty thousand (20,000) square feet, or maintaining any small
domesticated animal in violation of KCC 15.08.070, provided, this section shall not
apply to a properly licensed business operating as a pet shop, veterinary clinic, or
animal shelter to the extent that the animals maintained at the business are
maintained for the purposes of conducting the business and not for the personal
benefit of the owner, operator, or any employee or volunteer of such business.
4. Maintaining more than three (3) domesticated fowl m-�
~'•~•`p,�,�ts a, on lots of less than five thousand (5,000) twenty theusand (29.9()G
square feet, or maintaining any domesticated fowl in violation of KCC 15.08.070;
provided, this section shall not apply to a properly licensed veterinary clinic to the
extent that maintaining the domesticated fowl is necessary for the veterinarx
treatment of the domesticated fowl.
53. A dog, whether or not dangerous or potentially dangerous as
defined by RCW 16.08.070, running at large within the city.
64. Any domesticated animal, whether licensed or not, which runs at
large in any park or enters any public beach, pond, fountain, or stream therein or
upon any public playground or school ground; provided, however, that this section
shall not prohibit a person from walking or exercising an animal in a public park or
7 Animals Maintained Within City
on any public beach when such animal is on a leash, tether or chain not to exceed
eight (8) feet in length. This section shall not apply to any blind person using a
trained Seeing Eye dog; to animal shows, exhibitions or organized dog training
classes where at least twenty-four (24) hours' advance notice has been given to
the animal control authority, by such persons requesting to hold such animal
shows, exhibitions or dog training classes. In the case of potentially dangerous
dogs as defined and regulated in KCC 8.03.030 and KCC 8.03.220 through
8.03.250, the provisions of KCC 8.03.220 through 8.03.250 shall apply to the
leashing, muzzling, and restraint of such animals in public.
78. Any animal which enters any place where food is stored, prepared,
served or sold to the public or any other public building or hall. However, this
section shall not apply to any disabled person using a service animal; to
veterinary offices or hospitals; or to animal shows, exhibitions, or organized dog
training classes where at least twenty-four (24) hours' advance notice has been
given to the animal control authority, by such persons requesting to hold such
animal shows, exhibitions, or dog training classes.
86. A female domesticated animal whether licensed or not, while in
heat, accessible to other animals for purposes other than controlled and planned
breeding.
9-7. Any domesticated animal which chases, runs after, or dumps at
vehicles using the public streets and alleys.
108. Any domesticated animal which habitually snaps, growls, snarls,
dumps upon or otherwise threatens persons lawfully using the public sidewalks,
streets, alleys, or other public ways.
119. Any animal, other than a dangerous dog or potentially dangerous
dog as defined by RCW 16.08.070 which has exhibited vicious propensities and
which constitutes a danger to the safety of persons or property off his premises or
lawfully on his premises.
128. A vicious animal or animal with vicious propensities, other than a
dangerous dog or potentially dangerous dog as defined by RCW 16.08.070, which
runs at large at any time, or which is off the owner's premises not securely
leashed and in the control of a person of suitable age and discretion to control or
restrain such animal.
8 Animals Maintained Within City
131. Any domesticated animal which howls, yelps, whines, barks, or
makes other oral noises, in such a manner as to disturb any person or
neighborhood to an unreasonable degree.
14-2. Any domesticated animal which enters upon another person's
property without the permission of that person.
153. Animals staked, tethered, or kept on public property without prior
written consent of the county animal control authority.
164. Animals on any public property not under control by the owner or
other competent person.
175. Animals kept, harbored, or maintained and known to have a
contagious disease unless under the treatment of a licensed veterinarian;
186. Animals running in packs.
SECTION 3. - Amendment. Section 15.08.070 of the Kent City Code,
entitled "Animals in residential districts," is amended as follows:
Sec. 15.08.070. Keeping of Aanimals an resmdent"all d6tracts.
,
eews, sheep andgeats, shall net be permitted � al EI'StF ets lets
iii rc$iaeiio�r ar�rcncco--err-rvL�
feet. The keeping of bees, small
domesticated animals, large domesticated animals, and domesticated fowl as
those terms are defined in KCC 8.03 030, is permitted in all zones as an accessory
use to any principal use permitted or to a permitted conditional use subject to the
standards and restrictions of this section and chapter 8.03 of this code
A. Small domesticated animals Up to three (3) small domesticated animals
may be kept accessory to each business establishment or dwelling unit on a lot,
except as follows:
1. In no case is more than one (1) miniature potbelly pia allowed per
business establishment or dwelling unit.
2. More than three (3) small domesticated animals are permitted on
lots of at least twenty thousand (20,000) square feet subiect to the provisions of
ch. 8.03 KCC.
9 Animals Maintained Within City
3. In no case shall a structure that restrains or houses small
domesticated animals, such as a kennel or other accessory structure, be located
closer than ten (10) feet from anv other residential lot.
B. Miniature potbelly pias. The type of swine commonly known as the
Vietnamese, Chinese, or Asian potbelly pigs (Sus scrofa bittatus) may be kept as a
small domesticated animal in accordance with subsection (A) of this section:
provided, the swine is neither greater than twenty-two (22) inches in height at the
shoulder nor more than one hundred fifty (150) pounds in weight. In the event
the swine exceeds either of these limitations, it is not allowed within the city. A
miniature potbelly pig shall be considered a small domesticated animal when
determining the number of small domesticated animals permitted on a lot.
C. Domesticated fowl. Up to three (3) domesticated fowl may be kept on any
lot that is at least five thousand (5,000) square feet subject to the provisions of
ch. 8.03 KCC. These domesticated fowl are in addition to the small domesticated
animals that may be permitted on a lot in accordance with subsection (A) of this
section. One (1) additional domesticated fowl is permitted for each 1,000 square
feet of land in excess of the minimum 5,000 square foot threshold In no case
shall a coop or other accessory structure that restrains or houses domesticated
fowl be located closer than ten (10) feet from any other residential lot
D. Large domesticated animals Large domesticated animals are permitted
only on lots of at least twenty thousand (20,000) square feet sub]ect to the
provisions of ch. 8.03 KCC. The keeping of swine is prohibited, except for a single
miniature potbelly pig maintained in accordance with subsection (B) of this
section.
1. One (1) large domesticated animal for every ten thousand (10,000)
square feet of lot area is permitted.
2. Large domesticated animals and structures housing them must be
kept at least fifty (50) feet from any other lot in a residential zone
E. Beekeeping. Beekeeping is permitted as an accessory use when
registered with the state Department of Agriculture, provided that:
10 Animals Maintained Within City
1. No more than four (4) hives, each with only one (1) swarm, shall be
kept on lots of less than ten thousand (10,000) square feet.
2 Hives shall not be located within twenty-five (25) feet of any
roverty line except when situated eioht (8) feet or more above the orade
immediately ad)acent to the grade of the lot on which the hives are located or
when situated less than eight (8) feet above the adjacent existing lot grade and
behind a solid fence or hedge six (6) feet high parallel to any property line within
twenty-five (25) feet of a hive and extending at least twenty-five (25) feet beyond
the hive in both directions.
SECTION 4. - Severability, If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance and
the same shall remain in full force and effect.
SECTION 5, - Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its
ATTEST:
BRENDA 3ACOBER, CIT&/CLERK
APPROVED AS TO FORM:
VV
V'- � V " —
[0
TOPI BRUBAK R, CITY ATTORNEY
iassage as provided. by I
I
MAYOR
11 Animals Maintained Within City
PASSED: --/7 day of June, 2007.
APPROVED: _ZL day of June, 2007.
PUBLISHED: o� r day of June, 2007.
I hereby certify that this is a true copy of Ordinance No. "/ passed by
the city council of the city of Kent, Washington, and approved by the mayor of the
city of Kent as hereon indicated.
P \Ovll\Ordinar e\4nsm IsMaln[ainedRe&O alDlkr &dac
(SEAL)
BRENDA JACOBER, TY CLERK
12 Animals Maintained Within City