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HomeMy WebLinkAbout5126 ORDINANCE NO. 5126 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 7 and Chapter 3.01.050, Rate Table D of the Bremerton Municipal Code, legalizing the keeping of chickens within the Bremerton city limits. WHEREAS, the City Council recognizes that certain citizens within the City of Bremerton desire to keep and have chickens for the provision of fresh eggs, natural fertilizer, insect control and weed control; WHEREAS, the City Council desires to legalize the keeping of chickens within the Bremerton city limits; and WHEREAS, the City Council desires to set reasonable limits and restrictions on the keeping of chickens within the Bremerton city limits; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 7.04.020 of the Bremerton Municipal Code entitled "Definitions." is hereby amended to read as follows: 7.04.020 DEFINITIONS. The terms defined below have the meanings that follow unless the context in which they are used clearly indicates a different meaning: (a) "Adequate food and water" means food or feed appropriate to the species for which it is intended. Both food and water must be in sufficient quantity and quality to sustain the animal, and should be in containers designed and situated to allow the animal easy access. (b) "Adequate shelter" means a structure that is moisture- and wind-proof, allows the animal to turn around freely, sit, stand and lie without restriction, keeps the animal clean and dry, and by application does not cause the animal injury, disfigurement, or physical impairment. (c) "Adult cat" means a cat more than six (6) months of age. (d) "Adult dog" means a dog more than six (6) months of age. (e) "Animal control authority" means the Bremerton Police Department, Kitsap Animal Control, Kitsap Humane Society, or other organization contracted by the City of Bremerton to enforce the City's animal control provisions. (� "Animal welfare facility" means any indoor or outdoor facility where pets are routinely housed or maintained by or for an animal welfare organization. (g) "Animal welfare organization" means any public or private organization registered with the Washington Secretary of State's Office as a not-for-profit organization, whether called a kennel, cattery, shelter, society, or rescue, and includes the organization's officers, agents, and representatives when acting in the name or on behalf of the organization that controls, rescues, shelters, cares for, or disposes of pets as all or part of the purpose of the organization. 1 Chickens (h) "At large" means an animal that is off the premises of the owner and not under physical restraint adequate for its size and nature or is sufficiently near its owner to be under its owner's direct control and is obedient to its owner's commands, except that all dogs must be leashed when off the premises of the owner; provided, however, unleashed dogs shall be allowed in City of Bremerton dog parks as provided in Chapter 13.04 BMC. (i) "Chick" means a chicken that has not reached the adult stage. �j) "Chicken" means the commonly known domestic fowl "Gallus gallus domesticus" bred and raised for its e��s. (k) "Chicken Tractor" means a small, moveable coo� (�J "Commercial pet facility" means any place or entity where pets are boarded or bred for the primary purpose of compensation, or where pets are housed for resale, such as pet shops, but not including a veterinary hospital where boarding is incidental to treatment. (m) "Coop" means an enclosure or cage as for chickens. (}� "Dangerous animal" means any pet or livestock that: (1) Inflicts severe injury on a human being without provocation on public,or private property; (2) Kills a domestic animal without provocation while the attacking animal is off the owner's property; or (3) Has been previously found to be potentially dangerous, because of injury inflicted on a human, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers the safety of humans, pets, or livestock. (�a� "Feral cat" means any cat that has no apparent owner or identification and is apparently wild, untamed, unsocialized, unmanageable, and unable to be approached or handled. (�pJ "Grooming parlor" means any place or entity, public or private, stationary or mobile, where pets are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and for which a fee is charged. (� "Hearing examiner" means the Municipal Hearings Examiner established under Chapter 2.62 BMC. (r) "Hen" means an adult female chicken. (s) "Henhouse" means a permanent or fixed house or shelter for chickens. (�J "Hybrid(s)" means the offspring of two (2) animals of different species, such as the offspring resulting from breeding a domesticated dog (Canis familiazis) with a wolf (Canis lupus). (eu� "Impoundment" means when an animal is placed under the control or custody of the animal control authority. (�v� "Juvenile cat" means a cat seven (7) weeks to six (6) months of age. (�w "Juvenile dog" means a dog seven (7) weeks to six (6) months of age. (�x� "Livestock" means animals including, but not limited to, all equine (horse, mule), ' bovine (cattle), porcine (swine), caprine (goats), ovine (sheep), camelid (camel, llama, alpaca), ratitae (ostrich, emu, rhea), domesticated poultry (domesticated poultry shall not include chickens , game birds and waterfowl (as authorized by the State of Washington), or federally permitted fowl and other pen raised fowl, or other animals raised primarily for use as food or fiber for human utilization or consumption. 2 Chickens (sy� "Owner" means any person or entity which controls, maintains, possesses, has custody of, or otherwise provides care, shelter, protection, restraint, refuge, food, or nourishment in such a manner as to control an animal's activities. (�z� "Pet" means any animal maintained by a person or entity for the primary purpose of personal enjoyment, exhibition, companionship or service including, but not limited to, domesticated animals, such as chickens, cats and dogs, and nondomesticated animals suitable to living in companionship with humans, such as some birds and mammals. (� "Pet shop" means a commercial establishment that acquires pets for the purpose of resale. (�� "Potentially dangerous animal" means any animal that when unprovoked: (1) Inflicts a bite(s) on a human, pet, or livestock either on public or private property; (2) Chases or approaches a person upon the streets, sidewalks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; or any animal; (3) With a known propensity, tendency, or disposition to attack unprovoked, or to cause injury or otherwise threaten the safety of humans, pets, or livestock on any public or private property. (�cc) "Provoke" means to intentionally agitate, harass, or excite an animal. (dd) "Rodent" means members of the order rodentia, includin� rats and mice in the familv muridae, anv other introduced rodents, and various native species such as field mice. voles, wood rats, ground and tree squirrels, chipmunks and prairie do� (ee) "Rodent-proofin�" means anv form of construction to prevent the ingress of rodents into shuctures or feed storage containers from the outside or from one structure to another and consists of construction or treatment with material impervious to rodent �nawin�of all actual or potential openin�s in exterior walls, �round or fust floors and roofs that may be reached rodents from the ground, by climbin� or by burrowin� ��ffl "Rooster" means an adult male chicken. (�ee_gga "Service dogs" means any guide or signal dog individually trained to provide assistance to an individual with a disability or that serves public or tribal law enforcement, as well as any dog enrolled in a recognized formal training program for those types of services. (3�€�� "Severe injury" means any physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery. ( ii "Wheeled vehicle" means any wheeled conveyance intended for use as a means of transport of persons or goods. SECTION 2. A new chapter, Chapter 7.06 entitled "Chickens" is hereby added to the Bremerton Municipal Code to read as follows: Chapter 7.06 CHICKENS 7.06.010 CHICKEN MANAGEMENT Chickens mav be kept within the citv limits of Bremerton, provided: 3 Chickens (a) No more than four (4) hens, including chickens and chicks, mav be kept uer sin�le family residential lot pursuant to BMC 7.06.010(n)(, In no event shall the four (4) allowed hens, includin� chickens or chicks count towazd the accumulative total of four (4) household pets pursuant to BMC 7.06.010. (b) No roosters are allowed. (c) Chickens, except for chicks, sha11 not be kent inside an�permitted dwellin� (d) Henhouses, coops and chicken tractors must be set-back at least ten (10) feet from all propertv lines. (e) Henhouses, coops and chicken tractors shall be kept at least five (5) feet from any other structure includin d� ecks• (fl Henhouses, coops and chicken tractors shall provide for adequate shelter, be ke�t clean and maintained so that dust, manure and odors are not detectable bevond anYpropertp line. (�) Henhouses, coons and chicken tractors includin� chicken runs shall not exceed two hundred (200) square feet in size and shall not exceed seven (7) feet in hei t at the structure's highest point. (h) Henhouses and coops shall nrovide at least six (6) square feet of space per chicken. (i) Chicken tractors shall nrovide at least four (4) square feet of space per chicken. Henhouses coo s and chicken tractors shall be restricted to the back azd area of a sin�le family residential lot. (k) Henhouses, coops and chicken tractors shall be set back from any body of water in compliance with the City of Bremerton's shoreline master plan and critical areas ordinance as each are currently enacted or hereinafter amended. �l) Henhouses, coops and chicken tractors shall be set back one hundred (100) feet from an�public or private well. (m) Chickens shall not be allowed to run at-laz�e and shall be enclosed within a henhouse, coop or chicken tractor at all times. , (n) Chickens shall be allowed only on sin�le family residential lots containing a maximum of one residence. (o) Chickens manures shall be mana�ed so as not to create a nuisance or be in violation of BMC 9.16 as currentiv enacted or hereinafter amended. �p) Chickens shall not be slau tered. �q) All Chicken feed or food set aside for Chickens shall be stored in rodent proof containers and feeders. (r) All structures used to house or care for Chickens, includin� henhouses, coops and chicken tractors shall be rodent proof. (s�Anv Rodent activitv in the vicinitv of anv chicken structure or enclosure shall require the licensed owner of the Chickens �to eradicate the rodents in compliance with local state and federal laws. 7.06.020 CHICKEN LICENSE. (a) Annual license. A sin�le license to keep up to four 4 chickensper sin le fg�amily residential lot shall be obtained annuall�y the owner or within thirtv (30) calendar davs from the date the owner acquires the chicken(s) or brings chickens into the Citv of Bremerton. (b) License Expiration. A chicken license shall expire one (1) year from the date of issuance. 4 Chickens (c) Chicken License Fee. License fees are set pursuant to BMC 3.01.050. (dl Additional License Fee. Licenses not renewed bv the designated renewal date shall be assessed an additional license fee of ten dollazs ($10.00); provided, there shall be no additional license fee where: (1) The applicant has owned the chicken(s) for less than thirty (30) calendar �.� �2) The applicant has resided in the Citv for less than thirt,v (30) calendaz davs; or (3) At the discretion of the Cit,v Clerk, amnesty mav be granted to all residents for an announced period of time not to exceed ninetv (90) davs in duration, and no more frequently than once per calendar year. (e) Exemptions from License Fees. The followin� are exempt from license fees: (1) Chickens in the temporary custodv of a veterinarian or animal welfare or�anization whose owners are unknown; or (2) Chickens owned, and available for retail sale, bv the owner or operator of a licensed commercial pet facilitv. 7.06.030 CHICKEN LICENSE PROCEDURE. (a) Issuance of Licenses. The Citv Treasurer, animal control authori , or the authorized agents thereof shall issue licenses pursuant to BMC 7.06.020, as specified in this section. (b) Contents of License. The license shall contain the following; (1) Date of issuance and date of expiration; (2) A serial number: (3) The name, address, and telenhone number of the owner of the chicken(s); (c) Transferabilitv of Licenses. Licenses are not transferable from one chicken owner to another. 7.06.40 SUNSET PROVISION — CHICKENS Anv amendments to Title 7 of the Bremerton Municipal Code adopted pursuant to Ordinance #5126 shall expire and sunset June 30. 2012, unless extended bv a subsequent ordinance of the City Council. If such sunset occurs, anv citizen legall�nossessing chickens at the time of the sunset shall be allowed to maintain those chickens unless ordered otherwise pursuant to Title 7 of the BMC until the chickens expire or are removed bv the owner. In no event shall anv owner be allowed to add to the number of chickens kept after the sunset occurs. SECTION3. Section 7.15.010 of the Bremerton Municipal Code entitled "Infractions." is hereby amended to read as follows: 7.15.010 INFRACTIONS. The following are declared to be Class 1 civil infractions: (a) Animal at Large. For the owner of a pet or livestock to suffer or permit such animal to leave the premises of the owner, unless the animal is under physical restraint adequate to the size and nature of the animal or is sufficiently near its owner to be under its owner's direct control and is obedient to its owner's commands, except that all dogs must be leashed when not on the premises of the owner. Exceptions to this restriction are pets engaged in formal training, 5 Chickens competition, service dogs engaged in an activity for which they are trained or in service, or dogs allowed in City of Bremerton dog parks as provided in Chapter 13.04 BMC. This provision also applies to the requirements established in BMC 7.06.010(m�; (b) Animal in Heat. For the owner of a pet in heat to keep such an animal where it is accessible to male animals unless such accessibility is for the purpose of planned breeding; (c) Animal Noise. For any person(s) to own any animal which by its barking, howling, baying, squealing, crowing, crying, bleating, screeching, or making any other noise which by its volume or frequency unreasonably disturbs or interferes with the peace of any person(s) for more than fifteen (15) minutes in any one (1) hour period of any day, and is documented by three (3) or more separate episodes of such noise in a sequential seven (7) day period. The burden is upon the owner of such animal(s) to maintain quiet. Exceptions to this subsection are commercial pet facilities, animal welfare facilities, veterinary hospitals, or grooming parlors otherwise in compliance with the Bremerton Municipal Code including, but not limited to, BMC 7.08.030, or those who can substantiate that such animal noise was caused by an injury or illness of the animal(s) or by willful trespass, torment, or abuse of the animal(s) on its property by others. Enforcement may be undertaken only upon written receipt of a complaint made to either the animal control authority or law enforcement by a person(s) residing at or who is employed in an area affected by such public noise disturbance. Any such animal(s) shall be deemed a nuisance and may be seized and impounded, pursuant to BMC 7.10.010(a), if the disturbance reoccurs after the owner or custodian of such animal(s) has received two (2) written warnings from either the animal control authority or law enforcement within a calendar year; (d) Damaging Property. For the owner of a pet or livestock to suffer or permit the animal to leave the premises of the owner and thereafter cause damage to any thing of value or any other pet or livestock; (e) Disturbing Pedestrians. For the owner of a pet or livestock, when off the property of the owner, to suffer or permit the animal to disturb people lawfully on public ways. For the purposes of this section, "disturb" shall mean to chase or approach a person upon the streets, sidewalks, or any other public grounds or private property in a menacing fashion or apparent attitude of attack; (� Chasing Vehicles. For the owner of a pet or livestock to suffer or permit the animal to chase or run at or after vehicles lawfully on public ways; (g) Reporting and Releasing Stray Animals. For any person to fail to notify the animal control authority that a stray pet or livestock is in the person's possession, or to refuse to release such stray animal to the animal control authority upon demand; (h) Releasing Animal. For any person except the owner or other authorized person to release any pet or livestock from confinement; (i) Excess Number of Animals. To own more than a total of four (4) household pets as provided in BMC 7.08.010(� or to own more than a total of four (4) chickens as provided in BMC 7.06.010(a) at the same place or residence without a valid commercial pet facility or animal welfare facility license; (j) Failure to License. For an owner �to fail to license a cat or dog as required by BMC 7.08.010(a); or to fail to obtain a chicken license as required bv BMC 7.06.020(a). (k) Animal Bites. To own a pet or livestock that bites a person while such person is on public property or lawfully on private property; 6 Chickens (1) Agitating an Animal. To intentionally agitate, harass, or provoke a pet or livestock except that a person may take reasonable steps, not causing undue pain or suffering, to remove unwanted animals from their property; (m) Failing to Notify Animal Control Authority of Change of Ownership, Custody, and/or Residence. For any owner of an animal that has been declared dangerous or potentially dangerous to sell, barter, or otherwise transfer the ownership, custody, or residence of such an animal without notifying the animal control authority within fourteen (14) calendar days of the change as required by BMC 7.12.010(i) or to otherwise fail to comply with the requirements of that section; (n) Sale, Barter, or Other Transfer of Pets in Public Places Prohibited. It is unlawful to sell, barter, or otherwise transfer for the purpose of changing ownership any pet in an area open to the public, unless such activity is pursuant to BMC 7.08.030, or occurs at a sanctioned dog or cat show; (o) Transporting a pet or livestock in the open bed of a pickup truck or other outside part of a vehicle unless a suitable harness, cage, or enclosure is utilized and attached so as to protect such animal from falling or being thrown from the vehicle, and would not by its design or application cause injury to the animal; (p) Pets Chasing Livestock. For the owner of a pet to permit that animal to harass or chase another owner's livestock, when not engaged in the specific work of herding approved by the owner of the livestock; (q) Animal Waste. For the owner of a pet to fail to remove deposits of fecal material originating from the owner's animal from public or private property unless the owner of such property has given permission for such material to be deposited. This shall not authorize such deposits as are otherwise governed by public health regulations or other provisions of this code; (r) Outdoor Feeding. To feed or allow any domestic or wild animals or birds to feed outdoors at such times and in such numbers that feeding birds or animals create an unreasonable disturbance or accumulation of droppings on surrounding properties, including public property; (s) Ownership or possession by a person under the age of eighteen (18) years old of any dangerous or potentially dangerous animal. (t) Roosters. It is unlawful to keen a rooster or roosters as prohibited by BMC 7.06.010(b). (u) Henhouses, coops and chicken tractors. For an owner to fail to complv with the provisions of BMC 7.06.O1 OL) through BMC 7.06.010(1). (v) For an owner to keep chickens in violation of BMC 7.06.01 � rg_i)._ (x) Chickens kept inside a permitted dwelling. For anvone to keep chickens, exce�t chicks, inside anv permitted dwellin�prohibited by BMC 7.06.010(c). (v) For an owner to fail to manage chicken manure as required in BMC 7.06.010(�0). (z) For an owner to fail to maintain Chicken feed in rodent proof containers as required bv BMC 7.06.010(�). (aa) For an owner to fail to provide for rodent proof Chicken structures pursuant to BMC 7.06.010(�rZ (bb) For an owner to fail to take necessary steps to eradicate rodents vursuant to BMC 7.06.010(�S). (cc) For anv owner to slaughter chickens in violation of BMC 7.06.010(p). This shall provision shall in no wav limit the Citv of Bremerton's abilitv to prosecute for violations of BMC 7.14. 7 Chickens SECTION 4. Section 7.16.030 of the Bremerton Municipal Code entitled "Habitual Violators." is hereby amended to read as follows_ 7.16.030 HABITUAL VIOLATORS. (a) Habitual Violators. Any owner receiving any combination of four (4) or more: (1) Convictions, singularly or in combination, of crimes relating to animals within a five (5) year period; and/or (2) Infractions under this title, singularly or in combination, pursuant to BMC 7.15.010 found to be committed by the municipal court within a five (5) year period shall be guilty of a gross misdemeanor pursuant to BMC 1.12.020(1) for each additional act constituting a crime or infraction under this title. (b) Habitual Violators — Chicken regulations. In addition to the sanctions provided in BMC 7.16.030(a), any owner receivin� three or more infractions relatin t� o anv chicken re�ulation found to be committed bv the municipal court within a two (2) vear period shall have his or her chicken license revoked and shall be prohibited from renewin� his or her chicken license. � (c) Anv applicant or licensee mav, within seven (7) workin�ys from the date that a denial or revocation notice was mailed to the applicant or licensee, appeal from such denial or revocation b�g a written notice of appeal setting forth the grounds therefore with the Municipal Court Hearin� Examiner pursuant to BMC 2.62.045. A filin� fee as set forth in chanter 3.01 BMC shall be submitted with the appeal, which filin�fee is required to process the appeal. The hearin� shall be conducted in accordance with the nrocedures for hearin� contested cases set out in BMC 2.62.045. After the hearing thereon the Municipal Court Hearing Examiner shall, after annropriate findin�s of fact, and conclusions of law, affirm modify or ovemzle the denial or revocation and order issuance or reinstatement of the license and mav impose any terms thereupon. �� No revocation of a license nursuant to the provisions of this chanter shall take effect until seven (7) working days after service of the notice thereof by the Kitsap Humane Societv, and if the appeal is timelv filed, the revocation shall be sta.ved pending final action by the Municinal Court Hearin� Examiner. All licenses which are revoked shall be surrendered to the Kitsan Humane Society on the effective date of such revocation. �� The decision of the Municipal Court Hearing Examiner shall be final. The applicant or licensee and/or the Ci mav seek review of the decision by the Superior Court of Washin�ton in and for Kitsap Countv within thirty (30) days from the date of the decision. If review is sought as herein prescribed the renewal or revocation shall be staved pendin� final action b tY he Superior Court. (� When revoked, the license shall be canceled and immediatel surrendered to a representative of the Kitsap Humane Societ r.�Upon revocation of anv license as provided in this chapter no nortion of the license fee shall be returned to the licensee. Additionall� v licensee who has had his or her chicken license revoked shall remove anv chickens from his or her �ropertv within seven (7) days of the effective date of the revocation. SECTION S. Section 3.01.050 entitled "Police Dept.-Rate Table D" of the Bremerton Municipal Code is hereby amended set forth in Exhibit A of this Ordinance. 8 Chickens SECTION 6. Severabilitv. If any one or more sections, 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. 9 Chickens SECTION 7. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the 3rd day of November, 2010.. �� � K WOF y (b�D, Council President %� , Approved this .� day of /(/o v�ii'i�g �,� , 2010 PATTY T, Mayor ATTEST: APPRO O FORM: t �� , "' CAROL TGE , City erk R G R A. L OVICH, City Attorney PUBLISHED the 8th day of November, 2010 EFFECTIVE the 18�' day of November, 2010 ORDINANCE NO. 5126 R:\Leeal\Le2al\Ordinances\Ciri Council\Chickens-Final.docR:U.eeal\Legal\Ordinances\Ciri Council\Chickens-Final dce 1� Chickens