Chapter 6.12
LIVESTOCK
Sections:
6.12.010 Livestock defined – Restricted.
6.12.020 Livestock – Keeping of small animals.
6.12.030 Livestock – Keeping of large animals.
6.12.040 Livestock – Performance standards.
6.12.050 Violations – Impound, notification, fees, penalties.
6.12.060 Application to agriculture.
6.12.010 Livestock defined – Restricted.
A. Domestic livestock shall include small animal livestock and large animal livestock. Small animal livestock shall include rabbits and domestic fowl, such as chickens, ducks, geese and turkeys, and other small animals similar in nature and size. Large animal livestock shall include cows, horses, mules, donkeys, llamas, alpaca, sheep, goats and swine and other large animals of similar nature and size.
B. It is unlawful for any person to possess, keep or maintain any livestock as defined herein within the Everson City limits except where consistent with the provisions set forth in this chapter.
C. Except where such use is specifically authorized as a permitted or conditional use under EMC Title 19, the keeping of domestic livestock shall be accessory to the primary permitted use of the property.
D. Except where allowed and approved pursuant to EMC 6.01.010(G), the keeping of livestock at densities or intensities exceeding the limitations set forth in this chapter shall require approval of a conditional use permit pursuant to Chapter 19.11 EMC. [Ord. 764 § 4, 2016.]
6.12.020 Livestock – Keeping of small animals.
The keeping of small animal livestock shall be consistent with the following provisions:
A. A maximum of four small animals shall be allowed per property, where such use shall be accessory to a primary permitted use. On properties larger than 9,000 square feet, one additional small animal is allowed per each 1,000 square feet of gross lot area above 9,000 square feet.
B. Any area used for the keeping of small animal livestock shall be set back a minimum of 20 feet from an adjacent residential structure or improved street right-of-way.
C. The keeping of roosters and other small animal livestock with loud or disturbing calls or crows is prohibited.
D. All small animal livestock shall be contained in properly constructed and maintained coops, cages and fenced enclosures such that animals are not permitted to be at large on neighboring private property or public property or rights-of-way.
E. If the addition of an animal by birth or through acquisition by any means causes the number of animals to exceed the maximum number allowed by this section, the number of animals must be decreased so as to be in compliance with the maximum number set forth in this section within a period of 30 days. [Ord. 764 § 4, 2016.]
6.12.030 Livestock – Keeping of large animals.
The keeping of large animal livestock shall be consistent with the following provisions:
A. Minimum Gross Pasture Area. Large animal livestock such as cows, horses and animals of similar size may only be kept on lots containing a minimum of 25,000 square feet of gross pasture area. Large animal livestock such as sheep, goats and animals of similar size may only be kept on lots containing a minimum of 4,000 square feet of gross pasture area.
B. The maximum density of large animal livestock shall be as follows:
1. Cows, horses and animals of similar size: two animals per gross pasture acre.
2. Sheep, goats and animals of similar size: five animals per gross pasture acre, except that one such large animal per property may be kept on a minimum of 4,000 square feet of gross pasture area.
C. The keeping of bulls and other potentially dangerous male large animal livestock is prohibited, except where such animal is brought onto a site on a temporary basis for stud service and is removed immediately thereafter.
D. Setbacks from Property Lines, Residences. Cows, horses and animals of similar size shall not be kept within a distance of 100 feet from an adjacent residence without the written consent of the property owner or tenant. In no case shall large animal livestock be kept within a distance of 20 feet from a residence or developed street right-of-way.
E. The keeping of swine is prohibited, except that one potbelly pig per residence may be kept as a pet provided the pig is under 22 inches in height at the shoulder and below 150 pounds in weight.
F. All large animal livestock shall be fully contained in a properly constructed and maintained fenced area or enclosure.
G. A properly constructed and maintained barn, shed or covered area shall be provided for all large animal livestock. Where applicable, building permits shall be obtained for such structures.
H. If the addition of an animal by birth causes the number of animals to exceed the maximum number allowed by this section, the number of animals must be decreased so as to be in compliance with the maximum number set forth in this section within a period of one year for cows and horses and similar animals and within six months for sheep and goats and similar animals.
I. If the addition of an animal through acquisition by any means causes the number of animals to exceed the maximum number allowed by this section, the number of animals must be decreased so as to be in compliance with the maximum number set forth in this section within a period of 30 days. [Ord. 764 § 4, 2016.]
6.12.040 Livestock – Performance standards.
All keeping of livestock shall meet the following performance standards:
A. All livestock shall be properly enclosed to avoid being at large on public or private property or public rights-of-way.
B. Noise. All livestock shall be kept in such a manner as to avoid causing a public nuisance due to the creation of noise at unacceptable levels or at unacceptable times of the day or night.
C. Odor. All livestock shall be kept in such a manner as to avoid causing a public nuisance due to the creation of excessive odor, whether from livestock, manure or other related source.
D. Manure Management. All manure resulting from the keeping of livestock shall be managed so as to avoid the creation of excessive odor and other circumstances that may be unhealthy in an urban setting. Proper manure management shall involve regular removal of manure from enclosure areas and subsequent composting or burial on the site or removal from the premises.
E. Feed and other materials used in the keeping of livestock shall be stored in a manner to avoid attracting and feeding of rodents.
F. The Animal Control Officer shall investigate all complaints alleging excessive noise or odor or other potentially unsafe condition to determine if noise, odor or other factor resulting from the keeping of livestock constitutes a public nuisance or threat to public health or safety. If the Police Department finds that a public nuisance exists due to excessive noise or odor or other factor, the nuisance shall be abated within a period of seven days from the date of the formal finding, after which time the penalty and enforcement provisions of this chapter shall apply. If the Police Department finds that a threat to public health and safety exists, the threat shall be abated immediately or within the time frame established by the department at the time of the finding. [Ord. 764 § 4, 2016.]
6.12.050 Violations – Impound, notification, fees, penalties.
Violations of the provisions set forth in this chapter shall be subject to the impound and notification procedures, fees and penalties established under Chapter 6.04 EMC. [Ord. 764 § 4, 2016.]
6.12.060 Application to agriculture.
A. Except as specified in subsection C of this section, the provisions set forth in this chapter shall not apply to lands identified as being zoned agriculture on the official zoning map of the City; and
B. Except as specified in subsection C of this section, the provisions set forth in this chapter shall not apply to those pre-existing, nonconforming uses where livestock were lawfully kept as of the effective date of the ordinance codified in this chapter, except that such nonconforming status shall terminate when said nonconforming use is discontinued for a period of one year (12 consecutive months); and
C. The performance standards established under EMC 6.12.040 shall apply to the keeping of all livestock within the city, including to pre-existing, nonconforming uses. [Ord. 764 § 4, 2016.]