HomeMy WebLinkAbout3111 Amending 9.08.010 & 9.08.040 Keeping of Animals
ORDINANCE NO. D h
AN ORDINANCE AMENDING AMC 9.08.010 AND 9.08.040
CONCERNING KEEPING OF ANIMALS
Annotated to show deleti nsand additions to the code sections being modified. Deletions are
bold lined thr-ou 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 State of Oregon recognizes that agricultural and urban activities regularly
conflict with each other and therefore it has been necessary and desirable to develop land use
planning and regulations that separate these activities;
WHEREAS, it is necessary to protect the public against the serious health and safety risk posed
by livestock and other farm animals drawn into contact with humans and urban infrastructure;
WHEREAS, the City's existing ordinances generally address nuisances presented by certain
farm animals but fail to specifically address the general possession and maintenance of farm
animals or livestock within the urban area; and
WHEREAS, the City of Ashland has experience through its operations that unregulated feeding,
driving or otherwise maintaining livestock within the city limits creates public health hazards by
increasing traffic hazards, damaging vegetation, and potentially spreading disease, injury by
vehicles or attracting conflicts with common companion animals, domesticated for and more
suited for the urban environment.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.08 Nuisances, Section 9.08.010 Definitions is hereby amended to read
as follows:
Section 9.08.010 Definitions
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.
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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 colony 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.
F. "Person" means a natural person, firm, partnership, association, or corporation, whether
acting as an individual or as the clerk, servant, employee, or agent of another;
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;
H. `'Public Place" means a building, way, place, or accommodation, whether publicly or
privately owned, open and available to the general public.
1. "Livestock" a ti a animals t-„ie^"" raised ^ a form ^ has the means same meaning as set forth in ORS 164.055(2).
J. "Micro-livestock" means species of livestock that are small breeds of cattle, sheep,
goats, and pigs, that are less than about half the size of the most common breeds.
K. "Wild Animals" means animals that have not been domesticated or tamed and are
usually living in a natural environment, including both game and nongame species,
including exotic animals that are not native to the United States or were introduced
from abroad.
SECTION 2. Chapter 9.08 Nuisances, Section 9.08.040 Keeping of Animals is hereby amended
to read as follows:
Section 9.08.040 Keeping of Animals
A. Dogs. 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. Swine. No person shall keep or maintain swine. Notwithstanding the preceding sentence or the
provisions of section ' 8.7x0 20.0200 18.2.3.160D, 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 any one parcel or tract of land.
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-,-&F,
e. 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
asset forth in ORS 167.310.
5. Notwithstanding any of the above, no such pig shall be allowed in any park.
C. Micro-livestock,4*el g eChickens, domestic fowl, turkeys, rabbits, and miniature goats, may be
kept or maintained provided each of the following requirements is continuously met:
Ordinance No. Page 2 of 6
I . The total number of all micro-livestock, including 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.
2. Chickens and Domestic Fowl. For purposes of this chapter, "domestic fowl" means quails,
pheasants, pigeons, doves, and Muscovy 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 age) shall be kept or maintained on
properties of five thousand (5000) square feet or less;
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 age) for each one thousand (1,000)
square feet of lot area, shall be kept or maintained on properties greater than five thousand
(5000) square feet,
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.
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.
5. 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.
Ordinance No. Page 3 of 6
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 adjoining 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
18.72.5.2 of this code.
6. In residential zones micro-livestock shall be kept primarily for personal use. 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.
7. Micro-livestock must be secured at all times and located at least twenty (20) feet from
dwellings on adjoining properties:
a. secure enclosure shall be provided to protect micro-livestock from predators and to
provide shelter from the weather;
b. Micro-livestock enclosures shall meet the requirements of AMC 18.6$.140(C)
2.5.040E and shall be located at least ten (10) feet from neighboring properties;
8. To protect public health, the areas in which micro-livestock are kept must be maintained
in compliance with AMC 9.08.060 and the following requirements:
a. Animal feed must be kept in rodent- and raccoon-proof containers;
b. 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 micro-livestock; and
iii. All manure not used for composting or fertilizing shall be removed;
9. Micro-livestock enclosures, including chicken coops and runs, rabbit hutches, and goat
barns shall be built in compliance with AMC 18. 2.5.040E and with all
applicable building and zoning codes;
10. The requirements of AMC 18.20.0~ ' 1.3.160 regarding of the keeping of livestock
shall not apply to the keeping of micro-livestock or the buildings and structures that
house micro-livestock.
11. Noise resulting from the keeping or maintaining of micro-livestock must not exceed the
limitations set forth in AMC 9.08.170.
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 subject to the following:
Ordinance No. Page 4 of 6
I . 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.
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. Except as otherwise permitted by this ordinance, Nno person shall drive, ride or lead
livestock or wild animals in any street, public right-of-way, or city park except under
the terms of a valid special use permit issued by the City Administrator.
1. In addition to requirements of ORS 814.150, a person may ride or lead one horse or
one mule without obtaining a special use permit, provided the activity is reasonable and
prudent, having due regard to all of the following:
(a) The traffic.
(b) The surface and width of the highway.
(c) The hazard at intersections.
Ordinance No. Page 5 of 6
(d) Weather.
(e) Visibility.
H. Were Where the conditions imposed by subsections (B) to (EG) of this section differ from
those imposed by another ordinance, the provision which is more restrictive shall control.
1. The applicable minimum care requirements of ORS 167.310 shall apply to all animals
identified in this section.
J. Keeping of animals is a Class III violation.
SECTION 3. Savings. Notwithstanding this amendment, the City ordinances in existence at the
time any criminal or civil enforcement actions were commenced, shall remain valid and in full
force and effect for purposes of all cases filed or commenced during the times said ordinances(s)
or portions thereof were operative. This section simply clarifies the existing situation that
nothing in this Ordinance affects the validity of prosecutions commenced and continued under
the laws in effect at the time the matters were originally filed.
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", 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 Nos. 3-5) 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 accordance with Article X,
Section 2(C) of the City Charter on the 2 day of 2015,
and ly PASSED and ADOPTED this day of DDS r , 2015.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this l~ day of L/" *~015.
r'
Jo Stromberg, Mayor
Revi ed as to foam:
J Y ~'l~ti
David H. Lohman, ity Attorney
Ordinance No. Page 6 of 6