Chapter 17.35
ANIMALS

Sections:

17.35.010    Purpose.

17.35.020    Definitions.

17.35.030    Keeping of domesticated animals in residential zones.

17.35.040    Keeping of poultry and covered animals in residential zones.

17.35.010 Purpose.

The city council finds and declares that the city of Edmonds is a developed urban community of primarily residential character. The purpose of this chapter is to reasonably regulate the owning and keeping of animals in a manner to promote and protect the urban residential character of the city. [Ord. 3343 § 1, 2001].

17.35.020 Definitions.

For purposes of this chapter, the definitions set forth in ECC 5.05.010 shall apply unless modified herein. [Ord. 3343 § 1, 2001].

17.35.030 Keeping of domesticated animals in residential zones.

For each residential dwelling unit, regardless of the number of occupants residing within each dwelling unit, the following maximum number of domestic animals may be kept or owned within the dwelling unit upon the lot or premises associated with such dwelling unit:

A. Household pets in numbers normally and commonly associated with the primary residential use of the dwelling unit. “Household pets” are animals commonly or normally kept or owned in association with a residential dwelling unit and which are generally kept or housed within the interior of the dwelling unit, including such animals as hamsters, mice, gerbils, guinea pigs, nonvenomous snakes, parakeets, canaries, finches, other songbirds, small nonvenomous reptiles and amphibians, and fish;

B. Five or fewer domestic animals;

C. One unweaned litter produced by any domestic animal permitted to be kept by this chapter; provided, that the total number of domestic animals kept shall not exceed that number provided in subsection B of this section more than 180 days following the birth of the litter;

D. Up to three domestic female chickens on a lot(s) or premises associated with a single-family residential dwelling unit, except as otherwise grandfathered under current law. A chicken coop or other pen or enclosure is an accessory structure and shall comply with all bulk requirements of the applicable zone. An accessory dwelling unit shall not be considered as a separate dwelling unit when determining the number of chickens that may be kept on a single-family lot or lots (when a single-family residence is located on more than one lot). [Ord. 3759 § 1, 2009; Ord. 3343 § 1, 2001].

17.35.040 Keeping of poultry and covered animals in residential zones.

A. The keeping of poultry or covered animals within a residential dwelling unit, or upon the premises connected therewith, shall be prohibited except as provided herein and in ECDC 17.35.030(D).

B. Covered animals are permitted to be kept on residential property zoned for single-family use (R zones) so long as they meet the requirements of ECC 5.05.130.

C. Any poultry presently and permanently being kept upon the premises of a residential dwelling unit on the effective date of the ordinance codified in this chapter shall be permitted under the provisions of this chapter; provided, that such use is registered with the city of Edmonds development services department as described in subsection D of this section, and that the poultry is kept in strict compliance with the provisions of Chapter 5.05 ECC. In the event that the keeping of poultry is discontinued on the premises for a continuous period of more than 90 days, the use shall be considered terminated and the continued keeping of poultry shall not be permitted.

D. Commencing on February 5, 2001, a registration period of six months, ending August 6, 2001, at 5:00 p.m., is hereby established for the registration of the keeping of poultry currently occurring in single-family zones. Upon receipt of the registration, the city shall develop a schedule for the inspection of such poultry uses to determine compliance with Chapter 5.05 ECC. If the keeping of poultry is both registered and determined to be in compliance with Chapter 5.05 ECC, then the keeping of poultry shall be considered to be established as a legal nonconforming use.

E. Legal nonconforming keeping of poultry shall receive a permit certificate confirming such status and listing the physical dimensions and other characteristics of the use; provided, however, that the registration and permit of a formerly illegal poultry use may be revoked and/or conditioned in accordance with the provisions of ECC 20.100.040.

F. Failure to register the keeping of poultry with the city of Edmonds development services department within the time period established by the provisions of the ordinance codified in this chapter shall be considered to be presumptive proof that such activity is illegal and subject to abatement. The keeper of such poultry may overcome such a presumption only by presentation of substantial and competent evidence which establishes the legal nonconforming nature of such use by clear and convincing evidence that the use was permitted by Snohomish County or the city of Edmonds, was permitted by such agency and was in complete compliance with the applicable provisions of state law and county or city ordinance, at the date such use was initiated and established.

G. The amendment of the definition of poultry was expanded by the passage of Ordinance No. 3655. In order to permit owners of poultry not previously regulated under the provisions of this code the same rights and privileges previously extended to other poultry owners, a new registration period is established commencing July 1, 2007, and extending for a period of six months, ending on December 3, 2007, at 4:00 p.m. Commencing on that date and for the period established, the keepers of pheasants, quail, guinea fowl and pea fowl may be kept as poultry as a nonconforming use if registered pursuant to the provisions of subsections (D) and (E) of this section. [Ord. 3759 § 2, 2009; Ord. 3655 § 2, 2007; Ord. 3343 § 1, 2001].