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Ordinance 1489ORDINANCE NO. 148.9 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 committee. appointed 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 the residents of the City of Edmonds. Section 3.30.020 Covered animals The .animals referred to in this Chapter by the term "covered animals" shall be one or more horses.,jackass, mule,. donkey, burrow and/or bovine animal,.and reference herein tothe term "covered animal(s)" 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 the 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 _44- no later than the seventeenth day of August,.1970,. register each said animal with the.Police Department of said City on forms provided for such purpose by said department. Annually thereafter said registration must be renewed on 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 the 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: (l) 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 the number of covered animals allowed by the minimum set forth in this section, .the owner of said covered animal -2- and/or the owner and/or occupier. of the premises Ishall 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 to guarantee 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 :disp'os'al. The owner of each covered animal and the owner and/or occupier of the premises upon which the .cover.ed animal is maintained within the City limits shall 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 30.07.0 Riding on sidewalks:, parking s`trips,' 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 -3- 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 ride, 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 notices. of 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 acces.s,,provided by. the 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, acid 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 Businessareas. 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' Git:zen 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 two separate residenceswithin 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 MIC 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 otherwi.se:a hazard to the public health,. safety,.and welfare. In the event the .owner. and/or occupier of the premises. upon which .the covered animal is maintained, and/or the owner 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 wi.th`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 other dimensional 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 3.30.12'0. variances Where. there may be structures of less than the minimum dimensional requirements which existed prior to the effective :date of this Chapter, -5- the owner of the premises may apply to the Board of Adjustment for a variance from the..str:ict 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 given asset 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 Chapter shall 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 to the 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 SeVerab'ili'ty. . If any section, subsection, sentence, clause, Ipnrase,,or word of this Chapter is for any reason held to be invalid or unconstitutional for any reason, such invalidity or unconstitutionality 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 by imprisonment 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: MAYOR . ATTEST:. CITY CLERK . FILED WITH THE CITY CLERK: July 7,,1970 PASSED BY THE CITY COUNCIL: July: 21, .1970 PUBLISHED: July 29,,1970 -7-