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HomeMy WebLinkAbout5185 ORDINANCE NO. —6Q5 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 7 06 of the Bremerton Municipal Code entitled "Chickens" by removing Section 7 06 040 entitled "Sunset Provisions – Chickens ", amending Section 7 15 010(1) of the Bremerton Municipal Code, and making other related amendments WHEREAS, the current provisions of Chapter 7 06 of the Bremerton Municipal Code relating to chicken management and licensing contains a sunset clause expiring June 30, 2012, and WHEREAS, the City Council desires to remove this sunset clause provision in order to allow the maintenance of chickens within the city and to make other related amendments, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 7 06 of the Bremerton Municipal Code entitled "Chickens" 1s hereby amended to read as follows Chapter 7.06 CHICKENS 7.06.010 CHICKEN MANAGEMENT. Chickens may be kept within the city limits of Bremerton, provided (a) No more than five (5) few (4) hens, including chickens and chicks, may be kept per single - family residential lot pursuant to subsection (n) of this section In no event shall the five 5 fouo4allowed hens, including chickens or chicks, count toward the accumulative total of four (4) household pets pursuant to BMC 7 08 010 (b) No roosters are allowed (c) Chickens, except for chicks, shall not be kept inside any permitted dwelling (d) Henhouses, coops and chicken tractors must be set back at least Wa three (xQ) feet from all property lines () H en h ouses a h k t .,, t shall b, L + a t l eas t (5) f e t . em , y r (fe) Henhouses, coops and chicken tractors shall provide for adequate shelter, be kept clean and maintained so that dust, manure and odors are not detectable beyond any property line (gf) Henhouses, coops and chicken tractors including chicken runs shall not exceed two hundred (200) square feet in size and shall not exceed seven (7) feet in height at the structure's highest point (leg) Henhouses and coops shall provide at least six (6) square feet of space per chicken (thh) Chicken tractors shall provide at least four (4) square feet of space per chicken (ti) Henhouses, coops and chicken tractors shall be restricted to the backyard area of a single- family residential lot 1 Chickens - 2012 Updates (kj_) 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 (1k) Henhouses, coops and chicken tractors shall be set back one hundred (100) feet from any public or private well (ml) Chickens shall not be allowed to run at large and shall be enclosed within a henhouse, coop or chicken tractor at all times (rim) Chickens shall be allowed only on single - family residential lots containing a maximum of one (1) residence (on) Chicken manure shall be managed so as not to create a nuisance or be in violation of Chapter 6 02 BMC as currently enacted or hereinafter amended (po) Chickens shall not be slaughtered (qp) All chicken feed or food set aside for chickens shall be stored in rodent -proof containers and feeders (fq) All structures used to house or care for chickens, including henhouses, coops and chicken tractors, shall be rodent -proof (sr) Any rodent activity in the vicinity of any 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 single license to keep up to five 5 (chickens per single - family residential lot shall be obtained annually by the owner or within thirty (30) calendar days from the date the owner acquires the chicken(s) or brings chickens into the City of Bremerton (b) License Expiration A chicken license shall expire one (1) year from the date of issuance (c) Chicken License Fee License fees are set pursuant to BMC 3 010-50010 (d) Additional License Fee Licenses not renewed by the designated renewal date shall be assessed an additional license fee of ten dollars ($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 days, or (2) The applicant has resided in the City for less than thirty (30) calendar days, or (3) At the discretion of the City Clerk, amnesty may be granted to all residents for an announced period of time not to exceed ninety (90) days in duration, and no more frequently than once per calendar year (e) Exemptions from License Fees The following are exempt from license fees (1) Chickens in the temporary custody of a veterinarian or animal welfare organization whose owners are unknown, or (2) Chickens owned, and available for retail sale, by the owner or operator of a licensed commercial pet facility 7.06.030 CHICKEN LICENSE PROCEDURE. (a) Issuance of Licenses The City Treasurer, animal control authority, or the authorized agents thereof shall issue licenses pursuant to BMC 7 06 020, as specified in this section 2 Chickens - 2012 Updates (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 telephone number of the owner of the chicken(s) (c) Transferability of Licenses Licenses are not transferable from one chicken owner to another 7.06.040 SUNSET PROWSION CHICKENS-. A amea t tl. t a d o p te d t + O rl ee N 51 26 sl l ..,l o ra 11T"Ce'VrR1TIAlYC +�r`�y ✓ rt.v .�a u a'p.n e sunset june f 2012, unAess extended by a subsequent or-dinanee of the City Counen! if suGh number- of sunset eeeufs, any ettizen legally possessing ehiekens at the tifne of the sunset shall be allowed to maintain these elmekens unless order-ed other-wise ptffsuant to this title tmttl the ehiekens- .+M k after- thes u nset oeeufs SECTION 2. Section 7 15 010 of the Bremerton Municipal Code entitled "Infractions" is hereby amended by amending Subsection (i) entitled "Excess number of Animals" to read as follows (i) Excess Number of Animals To own more than a total of four (4) household pets as provided in BMC 7 08 010(f) or to own more than a total of five 5 hickens as provided in BMC 7 06 010(a) at the same place or residence without a valid commercial pet facility or ammal welfare facility license, SECTION 3. Severabdq 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 SECTION 4. 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 of M444 2012 McDONALD, Council President Approved this 14K - day of tnA- , 2012 PATTY LE , Mayor 3 Chickens - 2012 Updates ST APPROVED AS TO FORM S ON CORIN, Interim City Clerk 71GER A LUBOVICH, Clty Atto PUBLISHED the day of , 2012 EFFECTIVE the day of , 2012 ORDINANCE N 6/ff-5 R \Legal \Legal \Ordinances \City Council\Chickens - 2012 Updates doc 4 Chickens - 2012 Updates AFFIDAVIT OF PUBLICATION Account #42742 AD #283425 STATE OF WASHINGTON COUNTY OF KITSAP I, Christine Kendrick, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Krtsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Krtsap County, Washington, a weekly newspaper in Krtsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on May 22, 2012 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $4156 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of May 24, 2012 Notary Public in and for the State of Washington, Krtsap County A R �� •• - • *z = • •p= V �•� ORDINANCE NO 5185 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 7 06 if the Bremerton Municipal Code entitled "Chickens" by removing Section 7 06 040 entitled "Sunset Provisions - - Chickens ", amending Section 7 15 010(1) of the Bremerton Municipal Code, and making other related amendments PASSED by the City Council on the 16th day of May, 2012 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 May 22, 2012 AD# 20125427