Ordinance 33430006.900150
JZL/
1/17/01
ORDINANCE NO. 3343
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING TITLE 17 OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE BY ADDING A NEW
CHAPTER 17.35 THERETO FOR THE PURPOSE OF
REGULATING THE KEEPING OF ANIMALS WITHIN
RESIDENTIAL ZONES, AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, many citizens of the City of Edmonds own, keep, care for, or
otherwise maintain various types of animals; and
WHEREAS, the keeping of animals may have potentially adverse impacts to the
public peace and welfare, including but not limited to increased noise, increased odor, and the
transmission of disease; and
WHEREAS, the City Council desires to protect residential neighborhoods from
the detrimental impacts caused by animals while simultaneously protecting private property
rights and the ability of animal owners.to enjoy their animals; and
WHEREAS, the City Council held public hearings on November 16, 1999 and
January 16, 2001 to accept and consider public comment concerning the control of animals and
the adequacy of the City's current regulations to address this issue; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Title 17 of the Edmonds City Code is hereby amended by adding a
new Chapter 17.35 to read in its entirety as follows:
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CHAPTER 17.35 ANIMALS
17.35.010
Purpose
17.35.020
Definitions
17.35.030
Keeping of Domesticated Animals in Residential Zones
17.35.040
Keeping of Poultry and Covered Animals in Residential
Zones
17.35.010 Purpose
The City Council finds and declares that the City of Edmonds is a
developed urban community of primarily residential character.
The purpose of this chapter is to reasonably regulate the owning
and keeping of animals in a manner to promote and protect the
urban residential character of the City.
17.35.020 Definitions
For purposes of this chapter, the definitions set forth in ECC
5.05. 010 shall apply unless modified herein.
17.35.030 Keeping of Domesticated Animals in Residential
Zones
For each residential dwelling unit, regardless of the number of
occupants residing within such dwelling unit, the following
maximum number of domestic animals may be kept or owned
within the dwelling unit and upon the lot or premises associated
with such dwelling unit:
1. Household Pets in numbers normally and commonly
associated with the primary residential use of the dwelling unit.
"Household pets" are animals commonly or normally kept or
owned in association with a residential dwelling unit and which are
generally kept or housed within the interior of the dwelling unit,
including such animals as hamsters, mice, gerbils, guinea pigs,
non - venomous snakes, parakeets, canaries, finches, and other
songbirds, small non - venomous reptiles and amphibians, and fish.
2. Five (5) or fewer Domestic Animals.
3. One unweaned litter produced by any Domestic Animal
permitted to be kept by this chapter, provided that the total number
of Domestic Animals kept shall not exceed that number provided
in subsection (2) above, more than one hundred eighty (180) days
following the birth of the litter.
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17.35.040 Keeping of Poultry and Covered Animals in
Residential Zones
A. The keeping of poultry or Covered Animals within a
residential dwelling unit, or upon the premises connected
therewith, shall be prohibited except as provided herein.
B. Covered animals are permitted to be kept on residential
property zoned for single family use (R zones) so long as they
meet the requirements of ECC 5.05.0130.
C. Any poultry presently and permanently being kept upon the
premises of a residential dwelling unit on the effective date of this
ordinance shall be permitted under the provisions of this chapter
provided that such use is registered with the City of Edmonds
Development Services Department as described in section D,
below, and that the poultry is kept in strict compliance with the
provisions of ECC 5.05. In the event that the keeping of poultry is
discontinued on the premises for a continuous period of more than
ninety (90) days, the use shall be considered terminated and the
continued keeping of poultry shall not be permitted.
D. Commencing on February 5, 2001, a registration period of
six months, ending August 6, 2001 at 5:00 p.m., is hereby
established for the registration of the keeping of poultry currently
occurring in single family zones. Upon receipt of the registration,
the City shall develop a schedule for the inspection of such poultry
uses to determine compliance with ECC 5.05. If the keeping of
poultry is both registered and determined to be in compliance with
ECC 5.05, then the keeping of poultry shall be considered to be
established as a legal nonconforming use.
E. Legal nonconforming keeping of poultry shall receive a
permit certificate confirming such status and listing the physical
dimensions and other characteristics of the use, provided, however,
that the registration and permit of a formerly illegal poultry use
may be revoked and/or conditioned in accordance with the
provisions of Section 20.100.040.
F. Failure to register the keeping of poultry with the City of
Edmonds Development Services Department within the time
period established by the provisions of this ordinance shall be
considered to be presumptive proof that such activity is illegal and
subject to abatement. The keeper of such poultry may overcome
such a presumption only by presentation of substantial and
competent evidence which establishes the legal nonconforming
nature of such use by clear and convincing evidence that the use
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was permitted by Snohomish County or the City of Edmonds, was
permitted by such agency and was in complete compliance with
the applicable provisions of State law and County or City
ordinance, at the date such use was initiated and established.
Section 2. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MA OR, G6AY HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: 01/26/2001
PASSED BY THE CITY COUNCIL: 01/30/2001
PUBLISHED: 02/04/2001
EFFECTIVE DATE: 02/09/2001
ORDINANCE NO. 3343
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SUMMARY OF ORDINANCE NO. 3343
of the City of Edmonds, Washington
On the 30th day of January, 2001, the City Council of the City of Edmonds,
passed Ordinance No. 3343. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING TITLE 17
OF THE EDMONDS CITY CODE BY ADDING A NEW CHAPTER 17.35 THERETO FOR
THE PURPOSE OF REGULATING THE KEEPING OF ANIMALS WITHIN RESIDENTIAL
ZONES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 31st day of January, 2001.
CITY CLERK, SANDRA S. CHASE
1=464253.DOC;1/00006.900150/ }- 5 -
Affidavit of Publication
STATE OF WASHINGTON, sf1
COUNTY OF SNOHOMISH,
SUMMARY OF ORDINANCE Np. 3343 ^ ^� The undersigned, being first duly sworn on oath deposes and says
o the iry o dmon s, Washington
On the 30th day of January, 2001, the City Council of the City of that she is Principal Clerk of THE HERALD, a daily newspaper
Edmonds, passed Ordinance No. 3343. A summary of the content of
said ordinance, consisting of the title, provides as follows:
iAN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, P rinted and published in the City of Everett, County of Snohomish,
AMENDING TITLE 17 OF THE EDMONDS CITY CODE' BY
ADDING A NEW CHAPTER 17.35 THERETO FOR THE PURPOSE and .State of Washington; that said newspaper is a newspaper of
OF REGULATING THE KEEPING OF ANIMALS WITHIN
RESIDENTIAL ZONES, AND FIXING A TIME WHEN THE SAME general circulation in said County and State; that said newspaper
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 31st day of January, 2001. has been approved as a legal newspaper by order of the Superior
CITY CLERK, SANDRA S. CHASE
Published: February 4, 2001. Court of Snohomish County and that the notice ......... ............. ..................
Summary.. of... Ordinance ..Jt3. 343 ............................... ..................... ..........
City of Edmonds
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a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
d.truary 04. ,. ... 2001 .......................
.................................. ...............................
tha said newspaper was ularly dish ibute to its subscribers
all of said peri d;
. ....... .f ..... — ------------------ -----,,�—'r , Principal Clerk
Subscribed and sworn to before me this ................5 h....
da of. ....... Febru... ..............1 20..01.
.... .....Aomis ...... ............... ................
Notary Public in and ftate of Washington,
residing at Evaq�q t, Sn County.
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