HomeMy WebLinkAbout3084 Micro-Livestock
ORDINANCE NO OR
AN ORDINANCE AMENDING THE HEALTH AND SANITATION
CHAPTER (9.08) AND THE GENERAL REGULATIONS CHAPTER
(18.68) OF THE ASHLAND MUNICIPAL CODE TO ESTABLISH
PROVISIONS FOR THE KEEPING OF MICRO-LIVESTOCK AND BEES
WITHIN RESIDENTIAL DISTRICTS
Annotated to show a°'as and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the City Council has determined that it is in the best interest of the citizens of the
City to promote local food production and increased self sufficiency; and
WHEREAS, the City Council has determined that special attention regarding the raising of
micro-livestock primarily as a source of food and animal products, is required to successfully
integrate urban animal keeping into residential neighborhoods in a manner that avoids negative
impacts to neighbors or a nuisance to the community; and
WHEREAS, the City of Ashland Municipal Code currently contains limits on beekeeping that
are impractical and do not reflect today's best practices; and
WHEREAS, the City Council finds that honeybees can be maintained within populated areas in
reasonable densities without causing a nuisance if the bees are properly located and carefully
managed; and
WHEREAS, the Planning Commission of the City of Ashland conducted a duly advertised
public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on
June 11, 2013; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an
Ordinance No. _ Page 1 of 8
adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.08.010 of the Health and Sanitation section of the Ashland Municipal
Code is hereby amended to read as follows:
Unless the context requires otherwise, the following mean:
A. Apiary means the assembly of one or more colonies of bees at a single location.
B. Beekeeper" means a person who owns or has charge of one or more colonies of
bees.
C. Colony" means an aggregate of bees consisting principally of workers, but having,
when perfect, one queen and at times drones, brood, combs, and honey.
D. Hive" means the receptacle inhabited by a colonv that is manufactured for that
purpose.
E. Nucleus colony" means a small quantity of bees with a queen housed in a smaller
than usual hive box designed for a particular purpose not including surplus honey
storage or harvesting.
A.- F. Person means a natural person, firm, partnership, association, or corporation,
whether acting as an individual or as the clerk, servant, employee, or agent ofanother;
G. Person in Charge of Property means an agent, occupant, lessee, contract purchaser,
or person, other than the owner, having possession or control of the property;
6. H. Public Place means a building, way, place, or accommodation, whether publicly or
privately owned, open and available to the general public.
SECTION 2. Chapter 9.08.040 of the Health and Sanitation section of the Ashland Municipal
Code is hereby amended to read as follows:
A. Except as otherwise permitted by ordinance, no person shall keep or maintain more
than three (3) dogs over the age of three (3) months on any one (1) parcel or tract of land.
B. No person shall keep or maintain swine. Notwithstanding the preceding sentence or the
provisions of section 18.20.020, keeping or maintaining swine commonly referred to. as
Miniature Vietnamese, Chinese, or Oriental pot-bellied pigs (sus scrofa vittatus) is
allowed., subject to the following:
1. Such pigs shall not exceed a maximum height of 18 inches at the shoulder or
weigh more than 95 pounds.
2. No more than one such pig shall be kept at anyone parcel or tract of land
Ordinance No. Page 2 of 8
3. Such pigs shall:
a. Be confined by fence, leash or obedience training to the property of the
person keeping or maintaining them or to the property of another if such
other person has given express permission;
b. Be confined to a car or truck when off property where otherwise confined;
or
c. Be on leash not longer than six feet in length.
4. Such pigs shall be kept in accordance with the standards of minimum care for
domestic animals as set forth in ORS 167.310.
5. Notwithstanding any of the above, no such pig shall be allowed in any park.
C. No person shall keep op inaintain pouftfy ;"in seveno,five (7-5)feel of anothe
awa iti . exeept that ehie en° Micro-livestock, including chickens, domestic fowl,
turkeys, rabbits, and miniature goats, may be kept or maintained even wiMin so
fi w (7"eI bHfe - zen° provided each of the following requirements is
continuously met inside the buffer eon :
1. The total number of all micro-livestock, includine both adult and juvenile
animals, that may kept or maintained on any single property shall be limited
to no more than ten (10) animals on properties of 5000 square feet or less,
and no more than two (2) additional animals for each one thousand (1,000)
square feet of lot area in excess of five thousand (5000) square feet, up to a
maximum of twenty (20) animals.
L 2. Chickens and Domestic Fowl. For purposes of this chapter, "domestic fowl"
means quails, pheasants, pigeons, doves, and muscovey ducks (Cairina
moschata .
a. No more than five (5) adult chickens or domestic fowl (over six months of
age) and five (5) juvenile chickens or domestic fowl (less than 6 months of
a e shall be kept or maintained on properties of eve thousand (5000)
square feet or less in area;
3.b. No more than one (1) adult chicken or domestic fowl (over six months of
age) and one (1) juvenile chickens or domestic fowl (less than 6 months of
a e for each one thousand (1,000) square feet of lot area, tip to a max4meimt of
shall be kept or maintained on properties greater than
five thousand (5000) square feet in area.
c No more than two (2) adult turkeys (over 6 months of age), and two (2)
juvenile turkeys (less than 6 months of age) shall be kept or maintained on
properties of less than one acre.
d. Roosters, geese, and peacocks are prohibited.
3. Rabbits. No more than six (6) adult rabbits (over six months of age) shall be
kept or maintained on properties of less than one acre.
a. Nursing offspring born to permitted adult rabbits may be kept until such
animals are weaned.
b. Rabbits shall be kept in a hutch or fenced enclosure.
Ordinance No. Page 3 of 8
4. Miniature Goats. For purposes of this chapter "miniature goats" are those
goats commonly known as pygmy, dwarf, and miniature goats weighing less than
95lbs at full size.
a. No more than two (2) adult miniature goats over six months of age
shall be kept or maintained on properties of less than one acre.
b. Nursing offspring born to permitted adult miniature goats may be
kept until such animals are weaned.
C. Solitary miniature goats are not permitted.
d. Male miniature goats shall be neutered.
15. No ehieken Micro-livestock shall be allowed on properties containing multi-
family complexes, including duplexes provided the following are continuously met:
a. The property owner, or designated property manager, has provided
written notification to all residents of the multi-family complex, and
to the City, verifying the keeping of animals on the property will
comply with the requirements of this chapter. Written notification
shall include the following;
i. Property owner, property manager, or Home Owner
Association representative contact information, including the
name, address and phone number(s).
ii. 24 hour emergency contact information for an onsite resident
designated as the primary responsible party for animal care
and maintenance. Contact information shall include the
name, address and phone number of the responsible party.
iii. The City requirements for the keeping of micro-livestock
including the maximum number and type of animals
permitted on the subject property and maintenance
requirements per this chapter.
b. Micro-livestock must be secured at all times and located at least
twenty (20) feet from any dwelling within the multifamily complex or
dwellings on adioining properties.
c. The area in which micro livestock are kept shall be continuously
maintained regardless of any change of building tenancy or property
ownership.
d. The construction of accessory buildings and structures for the
purpose of housing micro-livestock upon multi-family zoned
properties occupied by two (2) or more residential units is subject to
site design review standards outlined in Chapter 18.72 of this code.
4. 6. In residential zones ekiekens micro-livestock shall be kept primarily for
personal use eWy.-,
with the e* epde,. of the f .,...Y..,., eggs direea. to a end eon.......^- Sale of
surplus eggs, honey or similar animal products produced by on-premises micro-
livestock is permitted in compliance with applicable licensing and inspection
requirements of the Oregon Department of Agriculture.
agooped,-
6.7.Chipken ~ Micro-livestock must be secured at all times and located at least
twenty (20) feet from dwellings on adjoining properties:
Ordinance No. Page 4 of 8
a. Ditring moot dayUght hours a A secure a iekett eaep-cnclosure shall be
provided to protect ehkkens-micro-livestock from predators and to
provide shelter from the weather;
b. Ghiekens Micro-livestock enclosures shall
that meets -meet the requirements ofAMC 18.68.140(C)(4)-or in-a
seeurelyfeneed area and shall be located at least ten (10) feet from
neighboring properties;
8. To protect public health, the areas in which e%..,ek micro-livestock are kept
must be maintained in compliance with AMC 9.08.060 and the following
requirements:
a. Chieken Animal feed must be kept in rodent- and raccoon proof
containers;
b. Chieken Animal manure must be collected, stored, and removed from the
property on a regular basis in accordance with the following
requirements:
i. All stored manure shall be within a non-combustible, air-tight,
container and located in accordance with the Oregon Fire Code
relating to the outdoor storage of combustibles;
ii. No more than one 20-gallon container of manure shall be stored on
any one property housing ehiekepes micro-livestock; and
iii. All manure not used for composting or fertilizing shall be removed;
8. 9.. Micro-livestock enclosures, including Cchicken coops and runs, rabbit
hutches, and goat barns shall be built in compliance with AMC 18.68.140(C)(4)
and with all applicable building and zoning codes,-
9. 10.. The requirements of AMC 18.20.020(D) regarding of the keeping of livestock
shall not apply to the keeping of ehiekens-micro-livestock or the buildings and
structures that house ehiekens micro-livestock
4$ 11.. Noise resulting from the keeping or maintaining of eiriekeyts micro-
livestock must not exceed the limitations set forth in AMC 9.08.170.
D-. X9 per-son shall keep or maintaim rahh44; with in igne hundred (100)feet of onothe
ihvefling OF With in qP1.0p1h, 61-P (7;;-
E- Xg person shall keep or maintaipt a bee hipe, bees-, apiapy, comb, oF eefflainer of a
o. ..o........e. o... ooo., , within one hundfedfifty
(450) feet of onoth
D Bees. The keeping or maintaining of bees, bee colonies, bee hives, combs, or
containers of any kind or character wherein bees are hived is subiect to the following:
1. Registration with the city is required to keep beehives within the city limits
and the Director of Community Development shall provide a beekeeping
registration process.
Ordinance No. Page 5 of 8
2. No more than three (3) bee colonies shall be kept or maintained on properties
of less than one acre.
3. No more than five (5) bee colonies shall be kept or maintained on properties
of one acre or greater.
4. Bee colonies shall be kept in hives with removable frames, which shall be kept
in sound and usable condition.
5. For each colony permitted to be maintained under this ordinance, there may
also be maintained upon the same property, one nucleus colony in a hive
structure not to exceed one standard 9-5/8 inch depth 10-frame hive body.
6. In each instance where a colony is kept less than twenty five (25) feet from a
property line, a flyway barrier at least six (6 )feet in height shall be
maintained parallel to the property line for a minimum of ten (10) feet in
either direction from the hive The flyway barrier may consist of a wall, fence,
dense vegetation or a combination there of, such that bees will fly over rather
than through the material to reach the colony.
7. A constant supply of fresh water shall be provided for the colonies on site
within fifteen (15) feet of each hive.
8. Each beekeeper shall ensure that no wax comb or other material that might
encourage robbing by other bees are left upon the grounds of the property.
Such materials once removed from the site shall be handled and stored in
sealed containers or placed within a building or other insect proof container.
9. If the beekeeper serves the community by removing a swarm or swarms of
honey bees from locations where they are not desired, the beekeeper shall be
permitted to temporarily house the swarm on the property for no more than
30 days from the date acquired.
10. The sale of surplus honey or bee's wax produced on site shall be permitted on
the property where the keeping of bees is permitted.
11. Africanized bees are prohibited.
F. No person shall keep or maintain a stable housing large livestock within one hundred
(100) feet of another dwelling.
G. Where the conditions imposed by subsections (B) to (F) of this section differ from those
imposed by another ordinance, the provision which is more restrictive shall control.
Ordinance No. Page 6 of 8
H. The applicable minimum care requirements of ORS 167.310 shall apply to all animals
identified in this section-
I Keeping of animals is a Class 111 violation.
SECTION 3 Chapter 18.68.140 of the Ashland Land Use Ordinance is hereby amended to read
as follows:
18.68.140 Accessory Buildings and Structures. Accessory buildings and structures shall
comply with all requirements for the principal use except where specifically modified by
this Title and shall comply with the following limitations:
A. A greenhouse or hothouse may be maintained accessory to a dwelling in an R district.
B. A guest house may be maintained accessory to a single-family dwelling provided there
are no kitchen cooking facilities in the guest house.
C. An enclosure housing micro-livestock?" e ie en eeep aiea a ehieken r ° may be
maintained aeeessery to a °'n 4e family a•o•°"ing in a residential district provided the
following conditions are met:
.9 Ate more thanfiw (5) ehiekens shall he kep! or miaintained on propeFfies
less thanfi4w thousand (5000) squarefeet in area;
2) X9 more than one (Jq ehiekemAF eiteh one theiffand (4,000) squoFefeet of lo
area-, up to a maximium of Aveno (20) ehiekepts-, shaM he kepi or- maintained on
3) Alo roeskeps shag be kept on the pfoperty of any dme.
4).b Enclosures housing micro-livestock Chic en coops and -ehie -en r-°°° shall
be constructed as follows:
a) they shall not be located in a required front yard.
b) they shall be setback a minimum of ten (10) feet from abutting properties.
c) they shall be at least twenty (20) feet from dwellings on adjoining
properties.
d) structures shall not exceed six (6) feet in height.
e) chicken coops and rabbit hutches shall not exceed forty (40) square feet
in area, or four (4) square feet per ehkAetr animal, whichever is greater.
J) chicken and rabbit runs as enclosed outdoor structures, shall not exceed
one hundred (100) square feet in area, or ten (10) square feet per ekrekefr
animal, whichever is greater.
Ordinance No. _ Page 7 of 8
~0 U D a~ 10,
3)1 The keeping ofehieken micro-livestock and the maintenance of their
environment, shall be in accordance with Keeping ofAnimals chapter of the
Ashland Municipal Code (Ch. 9.08.040).
SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 1, 4 and 5) need not be
codified and the City Recorder is authorized to correct any cross-references and any
typographical errors.
The foregoing ordinance was first read by title only in ac rdance with Article X,
Section 2(C) of the City Charter on the _L,x day of 12013,
and d PASSED and ADOPTED this _..V_ day of 2013.
A v
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this. day of, 2013.
o Stromberg, Mayor
Reviewed as to form:
Davidan, City Attorney
Ordinance No. Page 8 of 8