Ordinance 1489ORDINANCE NO. 1489
AN ORDINANCE OF THE CITY OF EDMONDS CREATING A NEW
CHAPTER .OF THE EDMONDS CITY CODE, CHAPTER 330,.
ENTITLED "RE.GULATION OF HORSES, BOVINE AND SIMILAR
ANIMALS"; PRO.VIDING REQUIRED OPEN AREA FOR PASTUR-
ING INCLUDING BULK AND DIMENSIONAL REQUIREMENTS
AND FENCING; REQUIRING MANURE DISPOSAL; PROVIDING
FOR REGISTRATION AND FEES; PROHIBITING RIDING IN
CERTAIN AREAS; PROVIDING REVIEW. BY THE BOARD OF
ADJUSTMENT OF CITIZEN COMPLAINTS; PROVIDING FOR
VARIANCES; ESTABLISHING FILING FEES;. AND PROVIDING
PENALTIES.
WHEREAS the Planning Commission, the Park Board and an
ad hoc committeeappointed by. the Mayor of the City of Edmonds
have reviewed the matter of control and regulation of horses.,
bovine and similar animals, and having made recommendations to
the City Council for regulation of such matters, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 3.30.010 Purpose. The :purpose of this Chapter
is to provide for the reasonable regulation of horses, bovine
and similar animals under the police powers of the City of
Edmonds, granting owners and riders of such animals reasonable
utilization thereof and at the same time providing for the.
health, safety, welfare and general protection of th.e residents
of the City of Edmonds.
Section 3.30.020 Covered animals. The animals referred
to in this Chapter by the term "c.overed animals" shall be one
or more horses:,' jackass, mule,donkey, burrow and/or bovine
animal, and reference herein tothe term "covered animals)
shall be construed to mean any one or more or combination of
one or more of said covered animals. Reference hereinafter
to said covered animals in the singular shall include the
plural and references in th.e plural shall include the singular
unless the context of said reference clearly indicates otherwise.
Section 3.30..030 Registration and annual registration fee.
The owner of any covered animal maintained for any period longer
than seven consecutive days within the Edmonds City limits shall
no later than the seventeenth day of August, 1970, register
each said animal with the Police Department of said Cityon
forms provided for such .purpose by said department. Annually
thereafter said registration must be renewedon or before
the first day of July each year for each covered animal so
maintained in said city limits. The .initial and annual reg-
istration fee shall be $1.00'.for each said covered animal.
The registration shall include at least th.e following infor-
mation, and such other information as the police department
may reasonably require:
(1) The name, residence address and telephone number
of the owner.
(2.) If the owner is under the age of eighteen years,
there shall be included the name, address, and telephone
number of the parents or legal guardian of the minor.
(3) The type of covered animal, its name and age,
description.
(4.). A color snapshot or photo, preferably a side view,
of each covered animal.
Section 3.30.040 Required open space and minimum dimen-
sional requirements for pasturing. There shall be not less
than twelve thousand square feet of open space for maintaining
and pasturing the first covered animal. In addition, the
following .minimum dimensional requirements for open space and
pasturing purposes shall be provided:
(1.) The pasture area shall have a minimum width of
eighty feet.
(2).. The stable housing the covered animal shall be.
set back at least thirty feet from any side, rear and front
property lines.
In the event the covered animal gives birth, thereby
exceeding th.e number of covered animals allowed by the minimum
set forth in this section, the owner of said covered animal
and/or the owner and/or occupier of the premises shall conform
the number of covered animals or the dimensional requirements
within one year of the birth of said covered animal.
Section 3.30.050 Fencing. The owner and/or tenant or other
occupier of the premises upon which any covered animal is
maintained for more than seven consecutive days within the
City limits shall provide adequate fencing in a good state of
repair toguarantee the confinement of said animal within said
fence which fence shall completely enclose an area describing at
least the minimum area of open space .and pasturing, including
the minimum dimensional requirements set forth in Section
3.30.040.
Section 3.30.060 Waste: disposal. The owner of each
covered animal and the owner and/or occupier of the premises
upon which the covered animal is maintained within the City
limitsshall guarantee and at all times maintain the premises.
upon which each covered animal is maintained in a sanitary
and neat condition, including, but not limited to disposal of
manure or other waste material from said covered animal. An
unreasonable accumulation of flies or other insects or pests.
within the property on which the covered animal is maintained,
and/or noxious or offensive odors or the .unreasonable accumu-
lation of flies, insects or other pests transcending into.
neighboring or vicinal real property, shall be presumed to be
inadequate sanitary conditions.
Section 3 .30.0 7.0 Riding on sidewalks, parking strips, etc.
It shall be unlawful for any person to ride or lead a covered
animal on any sidewalk or parking strip within the City limits.
No person shall ride or lead two or more covered animals abreast
on any city street..
Section 3.30.080 .Public parks,' beaches and/or playgrounds.
Unless otherwise directed by. the Director of Parks and Recreation
it shall be unlawful for any person to ride, lead or otherwise
permit any covered animal to be within or on any public park,
beach or playground within the City of Edmonds, whether owned
by, leased or otherwise under the direct supervision of said
City, or toride, lead or permit any said covered animal to.
be within or on the private property of another without the
consent of the owner of said property, Provided, however,
The Director of Parks and Recreation is herebyauthorized
to post .a notice or noticesof specific areas in any particular
public park, beach or playground within the City of Edmonds
where covered animals may be permitted under. such .circumstances
as may be required by. the Director of Parks and Recreation.
Said notices shall be placed in a conspicuous place or places
at .each drive-in or pedestrian access, provided bythe City
to such public parks, beaches and/or playgrounds. In the
event the Director of Parks and Recreation so determines and
posts notices as provided herein, he shall maintain a list
of said parks, beaches and/or playgrounds, shall file a copy
of the same with .the City Clerk, and said list shall be open
and available for public inspection at all business hours of
the office of the said City Clerk.
Section 3 .30 .090 Business' areas. No person shall leave
a covered animal unattended, whether tethered or unte.thered,
within any area of the City zoned for commercial uses by
Title 12.of the Edmonds Zoning Ordinance.
Section 3.30.100 Citizen complaints to be reviewedby.
the Board of Adjustment. Any person may file .a complaint against
any use in violation of this Chapter upon the payment of a
$10..00. administrative fee and the submission of a petition
signed by not less than two persons residing in tw.o separate
residences within the immediate area. Such complaint shall
be filed with the Board of. Adjustment which Board, after
public notice as prescribed by. Section 12.16.150 of. the
Edmonds City Code, and public hearing thereon, may require
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the abatement,discontinuance or remedial requirements for
the use if it finds that the use or property conditions are
in violation of this Chapter or otherwise .a hazard tothe
public health,. safety, and welfare. In the event theowner.
and/or occupier of the premisesupon which .the covered animal
is maintained, and/orthe ownerr of said covered animal, fails
to: comply with the order of the Board of Adjustment within
the time prescribed by the Board, said person or persons shall
be subject to criminal prosecution in a court of competent
jurisdiction and each day of continued violation shall be
deemed a separate and additional offense, Provided, however,
Nothing in this Chapter shall be construed as requiring
a police officer or other appropriate governmental official
from causing to be filed in a court of competent jurisdiction
a criminal complaint for. violation of this Chapter without
the necessity of filing with or appearing before the Board
of Adjustment.
Section 3 .30 .110Areas 'of maintenance,' zoning and
related ordinances. Areas wherein covered animals may be
maintained or pastured within the City limits are those set
forth by. Title 12 of the Edmonds City. Code. In the event
of conflict between ant dimensional requirement set forth
in this Chapter and the .requirements set forth .in Title 12
of the Edmonds City Code,. the regulations requiring the
greatest open space .or otherdimensional requirement shall
prevail. In the event any other provision of the Edmonds
City. Code shall be in conflict with this Chapter relative
to covered animals the terms of this Chapter shall prevail.
Section 3.30.120. Variances Where there may be
structures of less than the minimum dimensional requirements
which existed prior to the effective date of this Chapter,
the owner of the premises may apply to the Board of Adjustment
for a variance from the strict requirements of this Chapter
for which there will be a filing fee of $10.00 to defray
administrative .costs. The Board of Adjustment shall hold
a public hearing after public notice has been givenas
forth by Section 12.16.150 of the Edmonds City. Code. The
Board may grant a variance as set forth herein and shall
have authority to prescribe .appropriate conditions and safe-
guards that will insure that the purpose and intent of this
Chapter shall be met. The standards and criteria for the
Board on applications for variance from the strict terms of
this Chaptershall be as follows:
(1) The proposed variance shall be consistent with.
the general purposes and intent of this Chapter and the
Edmonds Zoning Ordinance.
(2). That special conditions and circumstances exist
which are peculiar to the premisesin question such .as pre-
existing structures or improvements., size, shape, topography
or location not generally applicable to other land similarly
situated.
(3) There are practical hardships and difficulties
which render it difficult or impossible for the applicant
to conform to the strict provisions of this Chapter.
(4) The granting of the variance will not be materially
detrimental tothe public health, safety, morals or welfare
or injurious to the property improvements or persons.vicinal
to the premises.
(5) The reasons set forth .in the application justify
the granting of the variance, and that the variance is
the minimum variance that will allow .utilization of the
covered animal or animals.
Section 3.30.130 Severabiiity. . If any section, subsection,
sentence, clause, phrase, or word of this Chapter is for any
reason held to be invalid or unconstitutional for any reason,
such invalidity or unconstitutionality shall shall not affect the
validity or constitutionality of the remaining portions of
this Chapter or of any other portion of the Edmonds City Code,
it being hereby expressly declared that this Chapter, and
each section, subsection sentence, clause, phrase and word
hereof would have been prepared, proposed, adopted and
approved irrespective of the fact that any one or more portions
hereof be declared invalid or unconstitutional.
Section 3.30.140. Penalties. Any person or persons who
shall violate or fail to comply with any of the provisions
of this Chapter, or any part thereof, shall upon conviction
be punished by a fine or byimprisonment in jail, or by both
fine and imprisonment as set forth in Section 5.12.170 of
the Edmonds City Code which Section by this reference is
incorporated herein as if set forth in full.
APPROVED.:
ATTEST:.
CITY CLERK
FILED WITH THE CITY CLERK:. July 7, 1970
PASSED BY THE CITY COUNCIL: July. 21, 1970
PUBLISHED: July 29,,1970