Chapter 6.04
LIVESTOCK KEEPING
Sections:
6.04.020 Livestock prohibited in city limits—Exceptions.
6.04.030 Enclosures—Construction and maintenance.
6.04.040 Keeping of chickens and rabbits.
6.04.050 Distance from residence—Horses, mules and cows.
6.04.060 Distance from residence—Goats and sheep.
6.04.070 Distance from residence—Hogs.
6.04.090 Manure removal—Insecticide spray—Odor control.
6.04.100 Health hazard—Notice.
6.04.110 Staking horse or cow.
6.04.120 Penalty for violation.
6.04.010 Definitions.
For the purpose of this chapter, certain words and terms shall have the following meaning:
(a) “Person” means firms, corporations, associations, partnerships, societies, and individuals;
(b) “Livestock” means any horses, mules, sheep, goats, cows, hogs, poultry, rabbits, llamas, alpacas and other animals except dogs and cats;
(c) “Residence” means any building or part of a building used for the purpose of human habitation or dwelling. (Ord. 1689 § 1, 2010; Ord. 585 § 1, 1969: Ord. 424 § 1, 1960).
6.04.020 Livestock prohibited in city limits—Exceptions.
It is unlawful for any person or persons to keep or maintain livestock within the city limits, except as herein-after provided:
(a) Horses and rodeo stock shall be permitted to be kept within the city during the week of the annual Omak Stampede provided a reasonable enclosure is provided to keep the livestock from running at large and provided all of the sanitation provisions contained in this chapter are observed.
(b) Livestock shall be permitted to be kept in areas within the city zoned residential, subject to the limitations and provisions of Sections 6.04.030 through 6.04.100 of this chapter, but in no other areas within the city, except at the stampede grounds on permit of the city council. (Ord. 1528 § 3, 2004; Ord. 585 § 2, 1969: Ord. 424 § 2, 1960).
6.04.030 Enclosures—Construction and maintenance.
All livestock shall be kept within an enclosure adequately built and maintained to prevent said livestock from breaking through, out of, or over or under the same. Any barns where livestock is being kept shall be properly constructed and maintained in good condition and repair. All fences shall be well built and maintained in good condition. Said barns or fences shall not be allowed to become dilapidated in appearance. If the fences are of board construction such shall be of substantial construction and if they are of wire construction the wire therein shall be maintained in a tight condition and fastened to all posts. (Ord. 424 § 3; August 15, 1960).
6.04.040 Keeping of chickens and rabbits.
(a) The intent of this section is to provide for and establish standards for the keeping of chickens and rabbits in a manner which will not endanger the health, peace and safety of the citizens of the city and which will assure that chickens and rabbits are kept in a clean and sanitary condition and not subjected to suffering, cruelty or abuse.
(b) Chickens and rabbits are permitted to be kept and maintained only within residentially zoned properties as accessory uses, in accordance with the applicable city regulations pertaining to animals, and subject to the following requirements:
(1) No more than four chickens are allowed at each single-family dwelling.
(2) Male chickens over four months of age are not allowed.
(3) No more than one rabbit is allowed at each single-family dwelling.
(4) Chickens and rabbits shall be kept in a well ventilated, enclosed coop constructed to protect the animals against varying weather conditions and predators. The coop shall have an attached, enclosed run. The coop and run combined shall provide a minimum of ten square feet of ground space per chicken or rabbit.
(5) All coops and runs shall be located within a side or rear yard only. Coops shall be at least twenty-five feet from any neighboring dwelling and ten feet from any property line. No portion of any run shall be within ten feet of any property line unless the property line abuts an alley.
(6) All coops and runs shall be kept in a neat, sanitary, dust-free condition and must be cleaned on a regular basis so as to prevent offensive odors.
(7) At no time shall the chicken or rabbit be allowed to run at large.
(c) Guinea hens, geese, ducks, and other game species are not allowed to be kept or maintained within the city limits. (Ord. 1689 § 2, 2010).
6.04.050 Distance from residence—Horses, mules and cows.
Horses, mules and cows may be kept or maintained within the city limits, provided that they are kept within an enclosure as described in Section 6.04.030 and the outside limit of which shall not be less than one hundred feet, streets and alleys included, from the nearest residence, not including that of the owner. (Ord. 424 § 5; August 15, 1960).
6.04.060 Distance from residence—Goats and sheep.
Goats and sheep may be kept or maintained within the city limits, provided they are kept within an enclosure as described in Section 6.04.030 and the outside limit of which shall be not less than one hundred fifty feet, streets and alleys included, from the nearest residence, not including that of the owner. (Ord. 424 § 6; August 15, 1960).
6.04.070 Distance from residence—Hogs.
Hogs may be kept or maintained within the city limits, provided they are kept within an enclosure as described in Section 6.04.030 and the outside limit of which shall be not less than three hundred feet, streets and alleys included, from the nearest residence, not including that of the owner. (Ord. 424 § 7; August 15, 1960).
6.04.090 Manure removal—Insecticide spray—Odor control.
All such buildings, stables, pens or enclosures shall be cleaned of manure or other refuse at least twice each week, and such manure or refuse shall be placed in flyproof containers until disposed of in a manner approved by the city code enforcement officer. Enclosures, barns and pens must be sprayed weekly with an adequate insecticide from April 1st until October 31st each year. Grounds shall be limed as needed to control odors. (Ord. 1689 § 3, 2010; Ord. 424 § 9; August 15, 1960).
6.04.100 Health hazard—Notice.
All barns, pens, corrals or enclosures where livestock is kept shall at all times be maintained in such condition so that such does not create an unsanitary condition or a health hazard. If the code enforcement officer of the city declares such pens, barns, corrals or enclosures to be a health hazard or to be in an unsanitary condition, then he shall give notice of such to such person maintaining the livestock therein or the person owning said premises and said parties, being either the owner of the livestock or the owner of the premises, shall forthwith eliminate said unsanitary condition or health hazard, and if such is not forthwith eliminated, then each day that the same is maintained, commencing with forty-eight hours after said notice is received by the respective owner of the premises or owner of the livestock, shall be deemed a separate violation of this chapter. (Ord. 1689 § 4, 2010; Ord. 424 § 10; August 15, 1960).
6.04.110 Staking horse or cow.
It shall be unlawful to stake any horse or cow except on privately owned premises. (Ord. 424 § 11; August 15, 1960).
6.04.120 Penalty for violation.
In addition to any civil remedies provided by state law, and except in cases where a different penalty is prescribed by ordinance, failure to perform any act required, or the performance of any act prohibited by this chapter is designated as a civil infraction and shall not be classified as a criminal offense. Any person, firm or corporation found to have committed a civil infraction shall be assessed a monetary penalty, which penalty may not exceed five hundred dollars for each offense. Each day during which a violation continues shall be deemed a separate offense and separate penalties may be assessed for each separate offense. The prevailing party in a civil infraction case may be awarded costs; provided, however, that attorney fees shall not be awarded to either party in a civil infraction case. Whenever a monetary penalty is imposed by a court for violation of a city ordinance, it is payable immediately. (Ord. 1528 § 1, 2004: Ord. 424 § 12; August 15, 1960).
6.04.140 Severability.
In the event that any provision of this chapter may be declared unconstitutional, such shall be considered severable and the remainder of said chapter shall not be affected thereby and shall remain in full force and effect. (Ord. 424 § 14; August 15, 1960).