Chapter 6.16
DOMESTIC AND WILD ANIMALS
Sections:
6.16.030 Domestic animals subject to permit.
6.16.045 Requirements for beekeeping.
6.16.050 Other ordinances not affected.
6.16.060 Revocation of permits.
6.16.070 Ownership and control of animals.
6.16.080 Civil remedies – Generally.
6.16.090 Injunction and abatement.
6.16.010 Purpose.
The purpose of this chapter is to protect the public health and welfare of the residents of the city by preventing annoyance, injury or the endangerment of comfort, repose, health or safety by regulating the keeping and maintaining of certain wild animals as well as domestic farm animals within the city limits. Certain specified domestic farm animals may be allowed with a permit granted by the city council as provided in this chapter. [Ord. 1630 § 1 (Att. A), 2021; Ord. 747 § 1, 1984.]
6.16.020 Prohibited animals.
It is unlawful for any person, firm or corporation to keep, harbor or maintain within the city limits any bear, chimpanzee, gorilla, badger, wolf, coyote, fox, nondomestic feline, including, but not limited to, lions, tigers, leopards, jaguars, bobcats, ocelots, lynx and cougars, or vicious or venomous or poisonous wild animals. Also prohibited are domestic farm animals including, but not limited to, pigs, hogs or swine, goats or sheep of any description, horses, mules, cattle or roosters of any description. The prohibitions shall not apply to the Humane Society or the Washington State Department of Game, or to the keeping, harboring or maintaining of goats as part of a commercial amusement enterprise in the tourist commercial district. The following restrictions shall apply to the keeping, harboring or maintaining of goats as part of a commercial amusement enterprise:
A. No unaltered male goats shall be allowed.
B. All goats shall be kept in a fenced area. The fence shall meet the requirements of RCW 16.60.010 and 16.60.011.
C. There shall be no more than one goat per one-half acre.
D. No goat or goats shall be allowed to devegetate an area so as to cause erosion problems.
E. Should goat feces accumulate and create an odor problem, the feces shall be cleaned up from the site.
F. Goat or goats shall be kept at least 25 feet (measured in a horizontal distance) from any open water drainage system.
G. The Leavenworth planning commission shall require, in any conditional use permit for a commercial amusement enterprise allowing the keeping, harboring or maintaining of goats pursuant to this section, that such permit be granted for a one-year trial period and that the operation be reviewed after said one-year trial period to determine if allowing goats should be continued, further conditioned or revoked. [Ord. 1630 § 1 (Att. A), 2021; Ord. 1041 § 1, 1996; Ord. 747 § 2, 1984.]
6.16.030 Domestic animals subject to permit.
It is unlawful for any person, firm or corporation to keep, harbor or maintain rabbits, hares, hens, ducks, geese, pigeons or any other domestic fowl without first having procured a permit to do so from the city. [Ord. 1630 § 1 (Att. A), 2021; Ord. 959 § 1, 1994; Ord. 747 § 3, 1984.]
6.16.040 Permit conditions.
Permits referred to in LMC 6.16.030 may be applied for in writing on a form to be provided by the city clerk-treasurer. Any permit to keep such animals shall be granted only upon a showing by the applicant that appropriate provisions have been made for sanitation, care, caging and odor control. All accessory structures used for the purposes of housing or keeping animals and fowl permitted shall be set back a distance of 10 feet from the applicant’s property line. No accessory building, structure or pen shall occupy any portion of a front yard, or be within 20 feet of a public right-of-way. Permits may be granted by the mayor or the mayor’s designee. In the event a permit is denied, the applicant may appeal the denial to the city council within 10 days of denial. The city council shall schedule the hearing on the denial for the next regular city council meeting and may affirm or reverse the denial. [Ord. 1630 § 1 (Att. A), 2021; Ord. 959 § 2, 1994; Ord. 747 § 4, 1984.]
6.16.045 Requirements for beekeeping.
Beekeeping shall be permitted within the city limits of Leavenworth in all single-family residential zones, provided all of the conditions set forth in this section are followed.
A. All beekeepers shall self-register with the city of Leavenworth, providing the name of the responsible beekeeper, address on which the hive or hives shall be kept, and a contact phone number. Also provided shall be a drawing showing the placement on the lot with the distances to each lot line and each primary structure (living space) on adjacent lots indicated. This registration shall also include a signed statement provided by the city acknowledging that the beekeeper understands the requirements of this section and will abide by them.
B. Every beekeeper shall provide a notice to each adjacent property owner that they will be keeping bees and provide to them their contact information should there be any problems arising from the keeping of bees.
C. All colonies shall be registered with the Washington State Department of Agriculture by April 1st of each year in accordance with Chapter 15.60 RCW. The terms “apiary,” “colony,” and “hive” as used in this section shall have the meanings set forth in RCW 15.60.005. Proof of this registration shall be provided to the city each year.
D. Beekeepers shall be certified by the Washington State Beekeepers Association.
E. Hive, Apiary Management Requirements.
1. No more than two hives may be located on any lot.
2. Lots must be a minimum of 4,000 square feet in size to be able to have bees.
3. No hive may exceed 20 cubic feet in volume and must be maintained in movable-frame hives at all times.
4. No hive shall be located closer than 10 feet from any back or side lot line, nor less than 25 feet from the front property line or 25 feet from any primary structure on adjacent lots.
5. Hives or colonies of bees shall be kept in a manner in which they are inaccessible to the general public and so that bee movements to and from the hive do not interfere with the ordinary movements of persons on adjacent properties or the public right-of-way.
6. A flyway barrier of six feet in height shall be provided to shield any part of a property line that is within 25 feet of a hive, and run parallel to the property line and extends a minimum of five feet beyond the hive(s) in each direction.
7. A consistent source of water shall be provided at the apiary at all times.
8. The beekeeper shall take all reasonable measures to capture and control any swarm arising from the natural division of any hive under their care. [Ord. 1630 § 1 (Att. A), 2021.]
6.16.050 Other ordinances not affected.
Nothing contained in this chapter shall be deemed to revoke, modify or alter any regulation or restriction contained in any other ordinance of the city including, without limitation, the Leavenworth zoning ordinance. [Ord. 1630 § 1 (Att. A), 2021; Ord. 747 § 5, 1984.]
6.16.060 Revocation of permits.
The city administrator, or designee, shall have the right to revoke any permit that may be granted in accordance with LMC 6.16.040 for violation of the permit conditions or violation of this chapter, appealable pursuant to LMC 21.11.030. [Ord. 1630 § 1 (Att. A), 2021; Ord. 747 § 6, 1984.]
6.16.070 Ownership and control of animals.
Within the meaning of this chapter, ownership of any animal shall not be necessary to constitute a violation of this chapter; but the said person, persons, firms, corporations or partnerships who shall have control or shall have possession of such animal or animals shall be deemed likewise in violation of this chapter, irrespective of the ownership thereof. Possession and control of such animal shall be sufficient to constitute a violation of this chapter. [Ord. 1630 § 1 (Att. A), 2021; Ord. 747 § 7, 1984.]
6.16.080 Civil remedies – Generally.
The violation of or failure to comply with any of the provisions of this chapter is declared to be unlawful. [Ord. 1630 § 1 (Att. A), 2021; Ord. 747 § 8, 1984.]
6.16.090 Injunction and abatement.
The city, through its authorized agents, may initiate injunction or abatement proceedings or other appropriate action in the Leavenworth municipal court, or the courts of the state of Washington, against any person who violates or fails to comply with any provision of this chapter, or against the owner or possessor of any animal or insect prohibited by this chapter to prevent, enjoin, abate or terminate violations of this chapter. [Ord. 1630 § 1 (Att. A), 2021; Ord. 747 § 8(A), 1984.]
6.16.100 Attorney fees.
In any action brought by the city to enforce this chapter or in any action brought by any other person in which the city is joined as a party challenging this chapter, in the event the city is a prevailing party, then the nonprevailing party challenging the provisions of this chapter or the party against whom this chapter is enforced in such action, shall pay in addition to the city’s costs a reasonable attorney fee at trial and in any appeal incurred by the city. [Ord. 1630 § 1 (Att. A), 2021; Ord. 747 § 8(C), 1984.]
6.16.110 Violation – Penalty.
Any person who violates or fails to comply with any of the provisions of this chapter shall be subject to civil enforcement and penalties pursuant to Chapter 21.13 LMC. [Ord. 1630 § 1 (Att. A), 2021; Ord. 747 § 8(B), 1984.]