Ordinance 3988ORDINANCE NO.3988
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS CITY CODE
CHAPTERS 5.05, 5.30, 16.20, 16.30 AND 17.35, TO
CONSOLIDATE EDMONDS CITY CODE SECTIONS
DEALING WITH ANIMAL CONTROL INTO CHAPTER 5.05,
TO AMEND THE ANIMAL NOISE PROVISION OF SECTION
5.05.115, AND TO AMEND THE SYSTEM OF PENALTIES
FOR VIOLATIONS OF SECTION 5.05.115; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, Chapter 5.05 of the Edmonds City Code (ECC) regards animal control; and
WHEREAS, Section 5.30.130(A) of the Edmonds City Code regards public disturbance
noises made by animals; and
WHEREAS, Chapter 16.20 of the Edmonds Community Development Code regards
Single Family Residential, and includes a clause referencing ECC 5.05; and
WHEREAS, Chapter 16.30 of the Edmonds Community Development Code regards
Multiple Residential, and includes a clause referencing ECC 5.05; and
WHEREAS, Chapter 17.35 of the Edmonds City Code regards animals in the context of
general zoning regulations, including the keeping of animals in residential zones; and
WHEREAS, the City of Edmonds has determined that all Edmonds City Code sections
regarding animals must be consolidated into one chapter, and has determined to repeal and
recodify chapters to integrate all animal control provisions into Chapter 5.05; and
WHEREAS, the City of Edmonds has determined to repeal Section 5.30.130(A) of the
Edmonds City Code and amend the animal noise provision of Section 5.05.115 of the Edmonds
City Code to consolidate these chapters most efficiently; and
WHEREAS, the City of Edmonds has determined that Section 5.05.115 of the Edmonds
City Code requires further specificity about what constitutes animal noises that can disturb
neighbors to an unreasonable degree; and
WHEREAS, the City of Edmonds has determined that the penalties for violations of
Section 5.05.115 of the Edmonds City Code should be assessed in a tiered system, allowing for
both civil infractions and criminal misdemeanors for repeated violations;
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Section 5.30.130 of the ECC, entitled "Public disturbance noises," is
hereby amended to read as follows (new text is shown in underline; deleted text is shown in
5.30.130 Public disturbance noises.
It is unlawful for any person knowingly to cause or make, or for any person in possession
of property knowingly to allow to originate from the property, unreasonable noise which disturbs
another, and to refuse or intentionally fail to cease the unreasonable noise when ordered to do so
by a police officer. Public disturbance noises shall include, but shall not be limited to, the
following sounds or combinations of sounds:
13A. Frequent, repetitive or intermittently continuous sounds made by any horn or siren
attached to a motor vehicle except such sounds that are made to warn of danger or that are
specifically permitted or required by law.
EB. Frequent, repetitive or intermittently continuous sounds made in connection with the
starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, race vehicle,
off -highway vehicle or internal combustion engine.
DC. Loud and frequent, repetitive or intermittently continuous sounds made by the use of
a musical instrument or instruments or other device capable of producing sound when struck by
an object, of a whistle, or of a sound amplifier or other device capable of producing, amplifying
or reproducing sounds.
ED. Loud and frequent, repetitive or intermittently continuous sounds made by the
unamplified human voice or voices between the hours of 10:00 p.m. and 7:00 a.m.
PE. Sounds made for any duration or frequency from the starting and/or running of the
engine of a race vehicle.
Section 2. Section 17.35.030 of the ECC, entitled "Keeping of domesticated animals
in residential zones," is hereby recodified and amended to read as follows (new text is shown in
underline; deleted text is shown in s4ike th,.,,,,g ):
17.35.030-5.05.015 Keeping of domesticated animals in residential zones.
For each residential dwelling unit, regardless of the number of occupants residing within
each dwelling unit, the following maximum number of domestic animals may be kept or owned
within the dwelling unit upon the lot or premises associated with such dwelling unit:
A. 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, nonvenomous snakes, parakeets, canaries, finches, other songbirds, small nonvenomous
reptiles and amphibians, and fish;
B. Five or fewer domestic animals;
C. 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 B of this section more than 180 days following the birth of the litter;
Section 3. Section 5.05.115 of the ECC, entitled "Nuisances defined," is hereby
amended to read as follows (new text is shown in underline; deleted text is shown in strike-
5.05.115 Nuisances defined.
A. All violations of this ester --section are detrimental to the public health, safety and
welfare and are declared to be public nuisances.
alleys;
B. Nuisances are hereby defined to include, but are not limited to, the following;
1. Any animal which chases, runs after or jumps at vehicles using public streets and
2. Any animal which habitually snaps, growls, snarls, jumps upon or otherwise threatens
persons lawfully using the public sidewalks, streets, alleys or other public ways;
3. Any animal which has exhibited vicious propensities and which constitutes a danger to
the safety of persons or property off his premises or lawfully on his premises;
4. A vicious animal or animal with vicious propensities which runs at large at any time,
or such an animal off the owner's premises not securely leashed on a line or confined and in the
control of a person of suitable age and discretion to control or restrain such animal;
5. Any animal which howls, yelps, whines, barks or makes any noises in such a manner
as to disturb any person or neighborhood to an unreasonable degree, taken to be continuous noise
fora period of ten 04) or more minutes or intermittent noise that totals a Deriod of twenty 20
or more minutes, except that such sounds made indoors in animal shelters or in commercial.
kennels duly licensed shall be exempt;
6. Animals kept, harbored or maintained and known to have a contagious disease, unless
under the treatment of a licensed veterinarian;
7. Animals running in packs;
8. Any dog running at large within the city;
9. A female animal, whether licensed or not, while in season, accessible to other animals
for purposes other than controlled and planned breeding;
10. Any animal which causes damage to property other than the property of the animal's
owner or person having physical charge and control of the animal; or
11. Any animal maintained in violation of any provision of this chapter.
C. All nuisances under this ehap#,-r-section shall be abated as provided in this chapter. In
addition, any owner or person having charge of any animal who fails to abate such nuisance shall
be guilty of a misdemeanor- with ca m ; fty of $, ,nr00vfine and/or- 90 days njail.
subject to the following penalties:
1. Any 12erson violating-anviolating-any provision of this section shall be ,'Uilty of a civil infraction;.
which shall be unishable by a fine of $100.
2. Any person committing a second violation of an provision of this chapter within one
calendar ;year shall be guilty of a civil infraction, which shall be punishable by a fine of $250.
3. Any person committing a third violation of any provision of this cha ter within one
calendar year shall be guilty of a misdemeanor and u on conviction thereof, be sentenced to a
fine not to exceed $1,000 and/or 90 days in jail.
Section 4. Section 17.35.040 of the ECC, entitled "Keeping of poultry and covered
animals in residential zones," is hereby recodified and amended to read as follows (new text is
shown in underline; deleted text is shown in strike +h,.,,,,g ):
17.=,- 5.040-5.05.130.1 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 an �~
Err c 05 0 5(D in this chapter.
B. Up to three domestic female chickens inay be ke t on a lots or premises associated
with a single-family residential dwelling unit. A chicken coop or other 12en or enclosure is an
accessory structure and subject to all requirements of the applicable zone. An accessory dwelling
unit shall not be considered as a separate dwelling unit when determining the number of chickens
that may be kept on a single-family lot or lots when a single-family residence is located on more
than one lot).
14C. 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 5.05.130.
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Section 6. Repealer. The following are hereby repealed:
A. Section 17.35.010 of the ECC, entitled "Purpose."
B. Section 17.35.020 of the ECC, entitled "Definitions."
Section 7. Section 16.20.010 of the ECDC, entitled "Uses," is hereby amended to
read as follows (new text is shown in underline, deleted text is shown in str ke *4oug ):
16.20.010 Uses.
A. Permitted Primary Uses.
1. Single-family dwelling units;
2. Churches, subject to the requirements of ECDC 17.100.020;
3. Primary schools subject to the requirements of ECDC 17.100.050(G) through
(R);
4. Local public facilities that are planned, designated, and sited in the capital
improvement plan, subject to the requirements of ECDC 17.100.050;
5. Neighborhood parks, natural open spaces, and community parks with an
adopted master plan subject to the requirements of ECDC 17.100.070.
B. Permitted Secondary Uses.
1. Foster homes;
2. Home occupation, subject to the requirements of Chapter 20.20 ECDC;
3. The renting of rooms without separate kitchens to one or more persons;
animals;4. The keeping of three or fewer- domestic
64. The following accessory buildings:
a. Fallout shelters,
b. Private greenhouses covering no more than five percent of the site,
c. Private stables,
d. Private parking for no more than five cars,
e. Private swimming pools and other private recreational facilities;
-75. Private residential docks or piers;
96. Family day-care in a residential home;
97. Commuter parking lots that contain less than 10 designated parking spaces in
conjunction with a church, school, or local public facility allowed or conditionally
permitted in this zone. Any additionally designated parking spaces that increase
the total number of spaces in a commuter parking lot to 10 or more shall subject
the entire commuter parking lot to a conditional use permit as specified in
subsection (D)(5) of this section, including commuter parking lots that are located
upon more than one lot as specified in ECDC 21.15.075.
4-98. Bed and breakfasts, as in ECDC 20.23.020(A)(1).
C. Primary Uses Requiring a Conditional Use Permit.
1. High schools, subject to the requirements of ECDC 17.100.050(G) through (R);
2. Local public facilities that are not planned, designated, and sited in the capital
improvement plan, subject to ECDC 17.100.050;
3. Regional parks and community parks without a master plan subject to the
requirements of ECDC 17.100.070.
D. Secondary Uses Requiring a Conditional Use Permit.
1. Preschools;
2. Guest house;
3. Amateur radio transmitting antennas;
4. Accessory dwelling units; and
5. Commuter parking lots with 10 or more designated parking spaces in
conjunction with a church, school, or local public facility allowed or conditionally
permitted in this zone.
6. Bed and breakfasts, as in ECDC 20.23.020(A)(2).
Section 8. Section 16.30.010 of the ECDC, entitled "Uses," is hereby amended to
read as follows (new text is shown in underline; deleted text is shown in strike 4ffo gh :
16.30.010 Uses.
A. Permitted Primary Uses.
1. Multiple dwellings;
2. Single-family dwellings;
3. Retirement homes or congregate care facilities, assisted living facilities;
4. Group homes for the disabled, foster family homes and state -licensed group
homes for foster care of minors; provided, however, that halfway houses and
group homes licensed for juvenile offenders are not permitted uses in a residential
zone of the city;
5. Boarding houses and rooming houses;
6. Housing for low income elderly in accordance with the requirements of
Chapter 20.25 ECDC;
7. Churches, subject to the requirements of ECDC 17.100.020;
8. Primary schools subject to the requirements of ECDC 17.100.050(G) through
(R);
9. Local public facilities that are planned, designated, and sited in the capital
improvement plan, subject to the requirements of ECDC 17.100.050;
10. Neighborhood parks, natural open spaces, and community parks with an
adopted master plan subject to the requirements of ECDC 17.100.070.
B. Permitted Secondary Uses.
1. All permitted secondary uses in the RS zone, if in conjunction with a single-
family dwelling;
2. Home occupations, subject to the requirements of Chapter 20.20 ECDC;
43. The following accessory uses:
a. Private parking,
b. Private swimming pools and other private recreational facilities,
c. Private greenhouses covering no more than five percent of the site in
total;
-54. Commuter parking lots containing less than 10 designated parking spaces in
conjunction with a church, school, or local public facility allowed or conditionally
permitted in this zone. Any additionally designated parking spaces that increase
the total number of spaces in a commuter parking lot to 10 or more shall subject
the entire commuter parking lot to a conditional use permit as specified in
subsection (D)(2) of this section, including commuter parking lots that are located
upon more than one lot as specified in ECDC 21.15.075.
C. Primary Uses Requiring a Conditional Use Permit.
1. Offices, other than local public facilities;
2. Local public facilities not planned, designated, or sited in the capital
improvement plan, subject to the requirements of ECDC 17.100.050;
3. Day-care centers and preschools for 13 or greater children;
4. Hospitals, convalescent homes, rest homes, sanitariums, and assisted living
facilities;
5. Museums, art galleries, zoos, and aquariums of primarily local concern that do
not meet the criteria for regional public facilities as defined in ECDC 21.85.033;
6. Counseling centers and residential treatment facilities for current alcoholics and
drug abusers;
7. High schools, subject to the requirements of ECDC 17.100.050(G) through (R);
8. Regional parks and community parks without a master plan subject to the
requirements of ECDC 17.100.070.
D. Secondary Uses Requiring a Conditional Use Permit.
1. Day-care facilities or preschools of any size to be operated in a separate,
nonresidential portion of a multifamily residential dwelling primary permitted
structure operated primarily for the benefit of the residents thereof,
2. Commuter parking lots with 10 or more designated parking spaces in
conjunction with a church, school, or local public facility allowed or conditionally
permitted in this zone.
Section 9. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 10. Effective Date. This ordinance is subject to referendum and shall take
effect thirty (30) days after final passage of this ordinance.
AP
ATTEST/AUTHENTICATED:
C CLERK, CO ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
_I -
JEFF TARADAY
VED:
FILED WITH THE CITY CLERK:
January 30, 2015
PASSED BY THE CITY COUNCIL:
February 3, 2015
PUBLISHED:
February 8, 2015
EFFECTIVE DATE:
February 13, 2015
ORDINANCE NO.
3988
SUMMARY OF ORDINANCE NO.3988
of the City of Edmonds, Washington
On the 3rd day of February, 2015, the City Council of the City of Edmonds, passed
Ordinance No. 3988. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS CITY CODE
CHAPTERS 5.05, 5.30, 16.20, 16.30 AND 17.35, TO
CONSOLIDATE EDMONDS CITY CODE SECTIONS
DEALING WITH ANIMAL CONTROL INTO CHAPTER
5.05, TO AMEND THE ANIMAL NOISE PROVISION
OF SECTION 5.05.115, AND TO AMEND THE
SYSTEM OF PENALTIES FOR VIOLATIONS OF
SECTION 5.05.115; PROVIDING FOR SEVERABILITY;
AND SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 4th day of February, 2015.
CITY CLERK, SCOTT PASSEY
13
RECEIVED
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Kathleen Landis being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH614259 ORD 3988, 3989,
3990 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
02/08/2015 and ending on 02/08/2015 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$61.92. A
Subscribed and sworn before me on this
day of
Notary Public in and for the State of
Washington.
City of Edmande - LEGAL ADS 114101416
EDMONDS CITY CLERK
DEBRA ANN GRIGG
Notary Public
State of Washington
My Commission Expires
October 31 , 201 7
—r SUMMARYSFEOROINANCE$
at th� moR�ington
On the 3rd day of February, 2015, the Clly Council of the City of
Edrnpnds pessad the ioiW.',91 Ordlnanods, A summaey of She
content of said ordinances, coreslsllny of 11110s, are provided as
lollows;
AN ORDINANCES OCHE CITY OF EDMONDS,
WASHINGTON, AMENDING EDMONDS CITY CODE
CHAPTERS S.BS. 5.30. 16.20, 16.30 AND 17.35, TO
CONSOLIDATE EDMONDS CITY CODE SECTIONS
DEALING WITH ANIMAL CONTROL INTO CHAPTER 505
TO AMEND THE ANIMAL NOISE PROVISION OF SECTiOi
5.05.115, AND TO AMEND THE SYSTEM OF PENALTIES
FOR VIOLATIONS OF SECTION 5.05.115: PROVIDING FOR
SEVERASILITY; AND SETTING AN EFFECTIVE DATE,
DEQ NaAN ORDINANCE O THI= CfTY ❑F EDMONDS,
WASHINGTON, AMENDING EDMONDS CITY CODE 5.30
TO DEFINE *FREQUENT, REPETITIVE OR
INTERMITTENTLY CONTINUOUS' IN SECTION 5.30.020,
TO AMEND LANGUAGE REGARDING CITIZEN
COMPLAINTS IN SECTION 5.30.140. AND TO AMEND THE
SYSTEM OF PENALTIES FOR VIOLATIONS OF CHAPTER
6.30 IN SECTION 5.30.150; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
AN ORDINANC OFTH - CI OF EDMONDS,
WASHINGTON. AMENDING ORDINANCE NO.3985 AS A
RESULT OF UNANTICIPATED TRANSFERS AND
EXPENDITURES OF VARIOUS FUNDS AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE
The lull text of these Cmlindricas wlp be mailed upon request.
DATED this 4th day of Februar ,, 2015.
CITY CLERK. SCOTTPAS$EY
—f bllshod: February 8, 2015. EDH614P5
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