City of Cornelius Agenda Report

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Eileen Heath
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1 City of Cornelius Agenda Report To: Honorable Mayor and Members of the City Council From: Michael Cerbone, Community Development Dir. Through: Rob Drake, City Manager Date: November 5, 2014 Subject: Regulating nimals at arge and the eeping of ivestock Summary: The ordinance would amend Chapter 9 of the City of Cornelius municipal code. The proposed amendments would address the care, regulation and control of animals within the community. The ordinance would allow for the ability to keep chickens (hens) and miniature livestock. Background: The community desires the ability to keep chickens (hens) within the city limits. The proposed amendments define what livestock can and cannot be kept within the city, the review procedure as well as penalties for failing to comply with the code. Financial Implications: The amendment puts in place a formal review process for approving a livestock permit within the city limits. The review of said permits will require City resources. The amendment also established penalties which may require City resources. Advisory Committee: The Police Department and Community Development Department worked together to complete the proposed amendments. The planning commission reviewed the proposal. One member of the planning commission did not like that cats are permitted to roam ( E). One member supported allowing more livestock within the City such as goats and sheep. Concern was voiced regarding how livestock ownership would be affected when properties annexed into the City. Staff Recommendation: Exhibits: Draft Ordinance Page 1 of 1

2 ORDINANCE NO.XX CORNELIUS, OREGON AN ORDINANCE AMENDING SECTION AND ADDING SECTIONS AND TO REGULATE ANIMALS RUNNING AT LARGE AND THE KEEPING OF LIVESTOCK. FINDINGS: 1. The City of Cornelius finds that that the current procedures for the keeping of livestock are ineffective in protecting the public health and safety. 2. The proper care, regulation and control of animals, including livestock, is necessary for the health, safety and quality of life of the citizens. 3. The establishment of reasonable requirements for the care and control of livestock is necessary to protect such animals. NOW THEREFORE, BASED ON THE FOREGOING, THE CITY OF CORNELIUS ORDAINS AS FOLLOWS: Section 1. Section is added to the Cornelius City Code as follows: Definitions For purposes of CCC to , inclusive, the following terms shall have the indicated meanings unless inconsistent with the context: A. Animal means any mammal, bird, reptile, amphibian or insect, categorized as follows: 1. Bee, a social colonial insect, kept in a beehive for purposes of producing honey and/or for pollination and does not include mason bees (Osmia Rufa); 2. Cat, a domesticated animal of the feline family (Felis catus); 3. Dog, a domesticated animal of the canine family (Canis lupis familiaris); 4. Exotic Animal, an exotic or native animal not normally domesticated in the United States or that is wild by nature. Exotic animal includes the following orders and families (whether bred in the wild or captivity) and any hybrid with a domestic species; however, the listed animals are examples and not an exhaustive list or limit on the generality of each group: a. Canidae such as wolves, coyotes, foxes, jackals and other nondomesticated dogs, b. Cervidae such as deer, moose and elk, c. Crocodilia such as alligators, caymen, and crocodiles, d. Falconiformes such as eagles, falcons, hawks and owls, e. Felidae such as lions, tigers, bobcats, lynx, cougars, leopards and other non-domesticated cats, f. Non-human primates and prosimians such as monkeys, chimpanzees and baboons, g. Procyonidae such as raccoons, h. Reptilia, including all venomous and constricting snakes, and

3 i. All other animals not within the other animal categories of: bee, cat, dog, indoor animal, livestock or rabbit; 5. Indoor Animal, an animal kept inside a residential dwelling unit; 6., a domesticated animal fitting any of the following: a. Miniature, livestock of a dwarfed variety, or species bred so as to be a smaller version than its standard livestock counterpart; b. Poultry, includes, but is not limited to, chickens, ducks, turkeys, geese, peacocks, guinea birds, pigeons and doves; and c. Standard, includes, but is not limited to, horses, bulls, cows, calves, heifers, mules, donkeys, asses, pigs, sheep, goats or llamas; 7. Rabbit, a domesticated animal of the leporidae family B. Keeper means any person owning, keeping, having custody of, or responsibility for control or care, possession, or harboring of an animal or who permits, allows or suffers an animal to remain on property owned or controlled by the person, regardless of whether that person has an ownership interest in the animal. Animal services facilities are not a keeper unless otherwise expressly provided for elsewhere in the code. Section 2. Section is hereby amended as follows: Animals. (A) No person shall torture, abandon, mutilate or needlessly kill any animal or bird; nor shall any person transport or permit to be transported any animal in a cruel and inhumane manner. (B) No person shall fail to provide any animal in his custody with food, drink and protection from the elements. (C) No person shall place or distribute any poison or other substance with the intent of poisoning any animal, except those animals commonly recognized as pests or rodents. (D) No person shall keep any dangerous animal, wild or domesticated, within the city. (E) No keeper may allow an animal, other than a cat, to run at large upon any street, sidewalk, public place not designated for that use or private property that is not under the control of the keeper. Section 3. Section is added to the Cornelius City Code as follows: Keeping of A. Keeping. may be kept in the city consistent with the following standards: 1. If the keeper is in compliance with their livestock permit; 2. are limited as follows: LIVESTOCK CATEGORIES Maximum Number of Allowed on Single Family Residential Property 6,500 to Over Over 1 Prohibited

4 10,000 sq. ft. 10,000 sq. ft. to 1 acre in area acre or larger in area Poultry Peacocks, Peahens, Roosters, Geese, Turkeys, Male Poultry Miniature Standard Prohibited 2 2 Uncastrated Males Prohibited Prohibited Prohibited All Types 3. may not be bred; 4. Products generated by livestock, such as eggs, wool, hides or meat, may not be sold from residential property; 5. may not be slaughtered or butchered on residential property; 6. must be contained consistent with the following standards: a. All portions of an enclosure for the housing or shelter of livestock are to be located behind the front building plane of the dwelling; b. All portions of an enclosure for Poultry are to be located a minimum of 10 feet from any property line; c. All portions of an enclosure for miniature livestock are to be located a minimum of 15 feet from any property line; d. All portions of an enclosure must be kept and maintained in a clean and sanitary condition at all times to prevent any condition which may be dangerous or detrimental to the health of the public or animals or constitute a nuisance; e. The outdoor, open air portion of the enclosure must meet the relevant minimum square footage requirements set out below, be able to provide the animals with the ability to feed, exercise and protect themselves from the elements as well as from other animals and be constructed in conformity with the city s land use regulations and all applicable building code: LIVESTOCK CATEGORIES Poultry Miniature Outdoor Portion of Animal Enclosure Minimum Square Footage 20 square feet per animal 1,000 square feet per animal 7. Food for livestock must be kept in waterproof containers having secure sides and lids and be located or kept behind the front building plane of the residence and a minimum of 10 feet from all property

5 lines; 8. No more than one cubic yard of solid waste may be kept on the property at any one time and must be kept dry and be located behind the front building plane of the residence and a minimum of 10 feet from all property lines; 9. Miniature livestock that can be classified as indoor animals are exempt from the livestock enclosure standards; and 10. Poultry and standard livestock may not be classified as indoor animals; B. Permitting. Prior to keeping livestock, a keeper must: 1. Submit a livestock permit on a form provided by the city demonstrating compliance with the standards of this subchapter. Incomplete permits or permits submitted without the fee under CMC (B)(2), will be denied; 2. Submit a nonrefundable livestock permit fee, the amount of which will be set by council resolution and be sufficient to offset the reasonable administrative costs of the city in administering the permit; 3. Obtain the approval by the Community Development Director; and 4. Non-compliance with an approved permit will subject a keeper to citation and revocation of the permit. Section 3. Section and are added to the Cornelius City Code as follows: Penalties. A. Violation of this chapter constitutes a violation and shall be processed according to the procedures set forth in Chapter B. Each violation of a separate provision of this chapter shall constitute a separate infraction, and each day that a violation of this chapter is committed or permitted to continue constitutes a separate infraction. C. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the city under Nuisance Abatement and Other Remedies. In addition to the penalties provided for in , any condition caused or permitted to exist in violation of this chapter is considered a public nuisance and may be abated summarily, or in accordance with the abatement procedures set forth in this code, or by any other legal means available to the City.

6 PASSED AND ADOPTED this day of, City of Cornelius, Oregon ATTEST: By: Debby Roth, City Recorder-Treasurer By: Jeff Dalin, Mayor

ORDINANCE NO. 102 AN ORDINANCE REGULATING THE KEEPING OF ANIMALS, PROVIDING FOR IMPOUNDING ANIMALS, AND PRESCRIBING A PENALTY FOR VIOLATION.

ORDINANCE NO. 102 AN ORDINANCE REGULATING THE KEEPING OF ANIMALS, PROVIDING FOR IMPOUNDING ANIMALS, AND PRESCRIBING A PENALTY FOR VIOLATION. The City Council of the City of New Germany ordains: New Germany