Chapter 6.14
FARM ANIMALS IN THE CITY
Sections:
6.14.010 Public parks, riverfront areas and/or playgrounds.
6.14.015 Animals running at large.
6.14.017 Areas of maintenance – Zoning and related ordinances.
6.14.001 Definitions.
Within the provisions of this chapter, the following definitions shall apply:
A. “Covered animal” means hoofed animals usually found on a farm, such as horses, ponies, mules, donkeys, bovine animals, sheep, goats and/or swine.
B. “Own” means owning, keeping, leasing, possessing or harboring any animal. “Owner” means any person having an interest or right of possession to an animal or any person having control, custody, or possession of an animal or by reason of the animal being seen residing consistently at a location shall be presumed to be the owner.
C. “Person” means any person, firm, corporation or association. (Ord. 3301 § 6, 2005).
6.14.002 Covered animals within the city of Mount Vernon are permitted with the following requirements.
A. Required Open Space and Minimum Dimensional Requirements for Pasturing. There shall be not less than 12,000 square feet of open space for maintaining and pasturing the first covered animal on any parcel of property, and an additional 8,000 square feet shall be required for each additional covered animal. In addition, the following minimum dimensional requirements for open space and pasturing purposes shall be provided:
1. The pasture area shall have a minimum width of 80 feet.
2. The stable housing the covered animal shall be set back at least 30 feet from any side, rear and front property lines.
3. In the event the covered animal gives birth, thereby exceeding the number of covered animals allowed by the minimum set forth in this subsection, the owner of said animals and/or the occupier of the premises shall conform to the number of said animals or the dimensional requirements within one year of the birth of said animals.
Exception: Existing uses of properties for the keeping of covered animals are exempt from the above dimensional requirements and subsections (A)(1) and (2) of this section. Existing structure and area requirements may be expanded up to 10 percent without meeting the requirements listed above. (Ord. 3301 § 6, 2005).
6.14.003 Fencing.
The owner and/or tenant or other occupier of the premises upon which any covered animal is maintained for more than seven consecutive days within the city limits shall provide adequate fencing in a good state of repair to guarantee the confinement of said animal within said fence, which fence shall completely enclose an area describing at least the minimum area of open space and pasturing, including the minimum dimensional requirements. (Ord. 3301 § 6, 2005).
6.14.004 Waste disposal.
The owner of each covered animal and the owner and/or occupier of the premises upon which said animal is maintained within the city limits shall guarantee and, at all times, maintain the premises upon which the covered animal is maintained in a sanitary and neat condition, including, but not limited to, disposal of manure or other waste material from said animal. (Ord. 3301 § 6, 2005).
6.14.005 Riding on sidewalks.
It is unlawful for any person to ride or lead a covered animal on any sidewalk within the city limits, unless otherwise specifically designated by the city’s engineer for such use. No person shall ride or lead two or more covered animals abreast on any city street. (Ord. 3301 § 6, 2005).
6.14.010 Public parks, riverfront areas and/or playgrounds.
Unless otherwise directed by the director of parks and recreation, it is unlawful for any person to ride, lead or otherwise permit any covered animal to be within or on any public park, riverfront area or playground within the city of Mount Vernon, whether owned by, leased or otherwise under the direct supervision of the city, or to ride, lead or permit any said animal to be within or on the private property of another without the consent of the owner of said property; provided, however, the director of parks and recreation is authorized to post a notice or notices of specific areas in any particular public park, riverfront area or playground within the city of Mount Vernon where said animals may be permitted under such circumstances as may be required by the director of parks and recreation. Said notices shall be placed in a conspicuous place or places at each drive-in or pedestrian access provided by the city to such public parks, riverfront area and/or playgrounds. In the event the director of parks and recreation so determines and posts notices as provided in this subsection, he shall maintain a list of said parks and/or playgrounds, shall file a copy of the same with the city clerk, and said list shall be open and available for public inspection at all business hours of the office of the city clerk. (Ord. 3301 § 6, 2005).
6.14.013 Chickens.
The keeping of chickens for personal use of the household shall be permitted on single-family residential lots subject to the following:
A. No more than 10 hens, including chickens and chicks, may be kept per single-family residential lot.
B. No roosters are allowed.
C. A securable coop shall be provided which shall be enclosed on four sides with a roof. The coop shall provide a maximum of 36 square feet of space.
D. Coops and/or pens shall be located in the rear yard.
E. All coops and/or pens shall be located a minimum of 10 feet from property lines.
F. Coops and/or pens shall be kept clean and maintained so that dust, manure and odors are not detectable beyond any property line. No organic materials furnishing food for flies shall be allowed to accumulate on the premises. All manure and other refuse must be kept in tightly covered fly-proof receptacles.
G. Chickens may roam freely so long as they are contained on the premises by adequate fencing securing the chickens.
H. Infected chickens with diseases harmful to humans are prohibited.
No exemption to the restrictions above is permitted. In the event there exists a preexisting legal nonconforming use for chickens on any single-family residential lot within the city, Chapter 17.102 MVMC shall not apply exempting a person to the requirements set forth in this section. (Ord. 3884 § 4, 2023).
6.14.015 Animals running at large.
No person shall, within the corporate city limits of the city, allow any horse, mule, cattle, pig, sheep, donkey or other domestic farm animal to run at large on the city streets or on private property other than the property belonging to the owner of such domestic farm animal. Any person violating the provisions of this section shall be deemed to have committed a nontraffic infraction and subject to a penalty as set forth in MVMC 6.14.020. (Ord. 3301 § 6, 2005).
6.14.016 Business area.
No person shall leave any covered animal unattended, whether tethered or untethered, within any area of the city zoned for commercial use by the city zoning code. (Ord. 3301 § 6, 2005).
6.14.017 Areas of maintenance – Zoning and related ordinances.
In the event of conflict between any dimensional requirements set forth in this section and the requirements set forth in the zoning code, the regulation requiring the greatest open space or other dimensional requirement shall prevail. In the event any other provision of Mount Vernon Municipal Code is in conflict with this section relative to said animals, the terms of this section shall prevail. (Ord. 3301 § 6, 2005).
6.14.020 Violation – Penalty.
A. Any person violating any of the provisions of this chapter shall be deemed to have committed a nontraffic infraction and subject to penalties as follows:
1. First offense, $50.00;
2. Second offense, $100.00;
3. Third offense, $150.00, and removal of animals at owner’s expense from the city limits.
B. The provisions of Chapter 46.63 RCW for the disposition of traffic infractions shall apply to the disposition of all violations under this chapter except as follows:
1. The provisions in Chapter 46.63 RCW relating to the provision of records to the Department of Licensing in accordance with RCW 46.20.270 are not applicable to this chapter;
2. The provisions in Chapter 46.63 RCW relating to the imposition of sanctions against a person’s driver’s license or vehicle license are not applicable to this chapter.
C. The form for notice of infraction for a violation of this chapter shall be prescribed by rule of the Supreme Court. (Ord. 3301 § 6, 2005).
6.14.040 Severability.
In the event any term or condition of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this chapter which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this chapter are declared severable. (Ord. 3301 § 6, 2005).