995 Unified Development CodeCITY OF YELM ORDINANCE N0. 995
AN ORDINANCE of the City of Yelm adopting a Unified Development Code, creating a
new Title 18 Yelm Municipal Code (YMC), amending Titles 1, 2, 5, 6, & 9 YMC,
repealing Titles 14, 15, 16, and 17 YMC, and creating a new Title 15 YMC.
WHEREAS, the City of Yelm is required to plan under Section 36.70A.040 RCW; and
WHEREAS, in compliance with the Washington State Growth Management Act, Chapter 36.70A
RCW, the City of Yelm adopted a Comprehensive Plan in 1994, and has amended the
plan on several occasions since that time; and
WHEREAS, in accordance with the Comprehensive Plan, has adopted development regulations to
be consistent with the goals and policies of the Comprehensive Plan; and
WHEREAS, the Growth Management Act requires that cities establish a public participation
program and procedures for amendments to development regulations; and
WHEREAS, the public review process included at least twenty -five (25) public meetings in front of
the Yelm Planning Commission, stakeholder meetings with local real estate groups,
contractors, and the Chamber of Commerce, a public open house and a Public
Hearing before the Yelm Planning Commission; and
WHEREAS, the public participation program included notification to Departments of Washington
State, notification to Joint Base Lewis McChord, email distribution to any person
expressing interest in the review, and the posting of all pertinent drafts, notices, staff
reports and public comment on the City's website, and
WHEREAS, the City of Yelm Responsible Official issued a Determination of Nonsignificance for the
proposed Unified Development Code pursuant to Section 197 -11 -340 WAC on March
28, 2014; and
WHEREAS, in compliance Section 36.70A.106 (1) RCW, the draft update was mailed to
Washington State Department of Commerce for distribution to reviewing state
agencies, and received no comments from agencies; and
WHEREAS, the Yelm Planning Commission held an open house on April 14, 2014, to solicit
comments on the draft proposed amendments form interested parties in an informal
setting with background material; and
WHEREAS, the Yelm Planning Commission held a duly advertised public hearing on April 21, 2014
on the proposed amendments, at which time received written comments and oral
testimony; and
WHEREAS, amendments to the development regulations for the City of Yelm require a
recommendation from the Yelm Planning Commission to the City Council; and
WHEREAS, the Yelm Planning Commission reviewed all public comments on the proposed
amendment and voted unanimously to recommend that the Yelm City Council adopt
the proposed amendments.
WHEREAS, the Yelm City Council has reviewed the recommendations from the Yelm Planning
Commission, and added requirements for reserving utility capacity for essential
public facilities and development standards for marijuana retailers.
WHEREAS, the public right of way is occupied by other public service entities for facilities used in
the delivery, conveyance, and transmission of utility and public services to the
enhancement of the health, welfare, and general economic well -being of the city and
the region and its residents and businesses, and
WHEREAS, the City has previously adopted and enforced provisions codified in Title 15 of the
Yelm Municipal Code that establish requirements for franchise applications and use
and occupancy of the public rights of way by cable service and telecommunications
operators; and
WHEREAS, the City desires to add a new chapter to Title 15 of the Yelm Municipal Code that will
establish requirements for franchise applications and use and occupancy of the public
rights of way by utility operators;
Now, THEREFORE, the Yelm City Council do ordain as follows:
SECTION 1.
Title 14 YMC — Environment is repealed in its entirety.
SECTION 2.
Title 15 Y MC — Buildings and Construction is repealed in its entirety.
SECTION 3.
Title 16 YMC — Subdivisions is repealed in its entirety.
SECTION 4.
Title 17 YMC — Zoning is repealed in its entirety.
SECTION S.
Chapter 1.16 YMC — Enforcement of Development Regulations is repealed in its entirety.
SECTION 6.
Chapter 2.26 YMC — Hearing Examiner is repealed in its entirety.
SECTION 7.
Chapter 2.36 YMC — Planning Commission is repealed in its entirety.
SECTION 8.
Chapter 5.44 YMC — Home Occupations is repealed in its entirety.
SECTION 9.
Chapter 5.48 YMC — Day Care Facilities is repealed in its entirety.
SECTION 10.
Chapter 5.52 YMC —Adult Entertainment Businesses is repealed in its entirety.
SECTION 11.
Chapter 6.08 YMC — Animal Regulations is amended as follows:
6.08.030 Definitions.
A. "Abandon" means the act of leaving a pet animal without humane care in such a
way that the health or safety of the animal is imperiled.
B. "Adult pet animal" means a pet animal of either sex, altered or unaltered, which
has reached the age of six months or which has produced offspring or which is
pregnant.
C. "Animal services department" means the department under supervision of the
public works department that provides for the impoundment, care and placement
of at large pet animals within the city limits.
D. "At large" means any animal off the premises and outside any vehicle of the owner
or custodian of the pet animal and not under control of a person by means of a
leash or verbal command.
E. "Dangerous dog" means a dog that has been declared dangerous by animal
services. The dog has committed severe injury by aggressively biting, attacking or
endangering the safety of humans or other pet animals.
F. "Domestic animal" means an animal other than livestock.
G. "Euthanasia" means the humane destruction of any animal, pursuant to this
chapter.
H. "Fees" and /or "charges" for services such as licensing, adoption, impounding,
identification (micro) chipping, transports, euthanasia procedures and other
services shall be established, approved, and revised by resolution of the Yelm city
council.
I. "Guard dog" or "attack dog" means any member of the dog family, which has been
trained for or is used for the purpose of protecting persons or property by
exhibiting hostile or aggressive behavior or propensities or which will attack on
signal or command.
J. "Harbors, keeps, possesses, or maintains a pet animal" means providing care,
shelter, protection, refuge, food, or nourishment in such manner as to influence the
behavior of the animal; or, treating the animal as living at one's property.
K. "Humane care" means care of an animal that includes providing necessary food,
water, shelter, rest, sanitation, ventilation, space and medical attention in a way
that the health and safety of the animal is not imperiled.
L. "Impound" means to take control and possession by authorized officials of any
animal found in circumstances constituting a violation of this title, and pursuant to
the terms thereof.
M. "Impound facility" means a place provided and operated or arranged for under the
authority of the animal services department for the impoundment, care, placement
and humane destruction of dogs, cats and other pet animals at large.
N. "Kennel" : Aw d, ,
means,_ where zoning permits, a place
where adult dogs or cats are kept by persons providing facilities for
breeding, and the offspring thereof are sold for profit; or where such dogs or
cats are received for care, training and boarding for compensation; but not
including a small animal hospital, clinic or pet shop.
O. "License" means a registration or identification tag issued pursuant to this chapter
for any dog, cat or other pet animal of six months of age or more.
P. "Nuisance pet animal" means a pet animal that:
1. Damages or destroys landscaping or property of another person, including
destruction of wildlife that has been purposefully attracted to the person's
property; or
2. Soils or defecates on public or private property other than the owner's,
unless such waste is immediately removed and properly disposed of by the
owner of the pet animal; or
3. Causes unsanitary, dangerous, or offensive conditions; or
4. Is a female dog or cat in estrus not confined within a structure to prevent
access of male dogs or cats except for planned breeding; or
5. Chases people or vehicles, or molests or interferes with persons or other
animals on public or private property other than the owner's property; or
6. Habitually or continually disturbs the peace and quiet of any individual or
neighborhood by unprovoked barking, whining, howling or making any other
noise; at the discretion of the officer; or
7. Trespasses on private property and the property owner or tenant supplies a
written complaint to animal services, and, in the case of a cat, physically
contains the cat.
Q. "Officer" or "official" means any police officer, animal control officer or other
official designated by the city to issue licenses, citations, pick up, impound or
restrain, sell, dispose of or give notice of or for any other acts, duties or functions,
prescribed by this title or other title relating to pet animals.
R. "Owner /custodian" means any person(s) who harbors, keeps, possesses or
maintains a pet animal, or who encourages a pet animal to remain about their
property for a period of seven consecutive days or more, or the person named on
the license /registration record of any animal as the owner. The parent or guardian
of an owner under eighteen years of age shall be deemed the owner for the
purposes of this chapter.
S. "Pet animal" means any species of wild or domestic animal sold or retained for the
purpose of being kept for pleasure, companionship or utilitarian purposes and not
kept as a food source.
T. "Potentially dangerous dog" means a dog that according to the records of animal
services has committed serious offenses as more fully set forth in YMC 6.08.070.
U. "Restrained" means secured by a leash and under physical control of a person with
the strength and judgment to handle the animal, or tethered to a stationary object,
which keeps the animal confined to the pet owner's property.
V. "Severe injury" means any physical injury that results in broken bones or lacerations
requiring sutures or cosmetic surgery.
W. "Sterilized" means the animal is surgically rendered incapable of reproduction by
means of castration or an ovariohysterectomy.
X. "Stray animal" means any pet animal found within the city without an apparent
owner, custodian or home.
6.08.040 Licensing and registration requirements.
A. Licenses Required. Except for licensed veterinarians and kennels, it is
unlawful for any person to own, keep or have control of any dog in the city older
than six months of age unless a license has been procured for such animal. Licenses
are valid for the calendar year for which they are issued, expiring on the thirty -first
of December of the licensing year. Failure to license a pet is a civil infraction.
Licenses are voluntary for cats and other pet animals for identification purposes.
B. Issuance of Licenses, Tags — Collars. The issuing authority or agent shall issue
licenses and appropriate identification tags for each animal licensed upon receipt of
doh registration application ~ ~� �{ + "e , ~ ~'i__"'_ ' -� ~ -~ �~ The owner or
custodian shall ensure that the identification tag is worn by the animal at all times.
1. Supplemental Identification. Upon payment of the appropriate license fee,
the owner shall be issued an identification tag, which must be worn by the
animal at all times.
2. Lack of Authorized and Current Tag. A dog without an authorized and
current license tag may be impounded, except as otherwise set forth in this
chapter.
C. Annual License Fees. License fees shall be established by resolution of the city
council. In establishing the license fee, the council may consider the number of
animals needed to be licensed by one owner, the age of the owner, and whether
the animal is spayed or neutered and any other applicable criteria.
D. Date Due. Except as otherwise provided below, all licenses granted under this
chapter shall be valid for the current calendar year, expiring on the thirty -first of
December. A yearly notice will be sent out to all registered pet owners reminding
them of their renewal date.
E. Senior Citizen Lifetime License. Animals whose owners are 65 years of age or older,
may be granted a license good for the life of their pet upon payment of a one time
license fee as established by resolution of the city council.
F. Licenses Nontransferable. Licenses shall not be transferable from one pet animal to
another.
44G. License Fee Exemptions. The following animals are required to be licensed, but are
exempt from licensing fees:
1. A professionally trained and certified guide dog owned or in the custody of a
blind or partially blind person;
2. A signal dog owned by or in the custody of a deaf person or a person whose
hearing is impaired. A "signal dog" shall mean any dog trained to alert a deaf
person, or a person whose hearing is impaired, to intruders or sounds;
3. A service dog owned by or in the custody of a physically disabled person. A
"service dog" shall mean any dog individually trained to the physically
disabled participant's requirements including, but not limited to, minimal
protection work, rescue work, pulling a wheelchair, or fetching dropped
items;
4. Police dogs trained and actively assisting in law enforcement operations;
5. Dogs in training programs sponsored by licensed and approved agencies
identified with providing trained animals to disabled individuals or law
enforcement agencies.
6.08.050 Regulations and violations relating to pet animals. Owners and /or custodians are
responsible for the behavior of animals in their ownership or care and are in
violation of the terms of this chapter if:
A. Pet Animal At Large. The owner's /custodian's pet animal is at large as defined in
YMC 6.08.030; provided, however, this section shall not prohibit the owner and pet
animal from participating in an organized show or training, exercise or hunting
session in locations designated and authorized for that purpose. Pet animal at large
is a civil infraction.
B. Nuisance Pet Animal. The owner's /custodian's pet animal constitutes a nuisance
pet animal as defined in YMC 6.08.030. Nuisance pet animal is a civil infraction.
C. Pet Animal on Public Property. The owner's /custodian's pet animal is on public
property such as a public park, sidewalks, streets or school grounds and not on a
leash held by a person who is able to maintain physical control, or proper
safeguards have not been taken to protect the public and property from injury or
damage from said animal, or is in violation of additional specific restrictions which
have been posted. Such restrictions shall not apply to guide dogs for the visually
impaired or service animals for the physically handicapped or public property
specifically designated by the city of Yelm as not requiring a leash. Pet animal on
public property is a civil infraction.
D. Keeping of a Dangerous or Potentially Dangerous Dog. Any person violating the
provisions of this chapter relating to keeping, securing or confining of dangerous
dogs shall be deemed guilty of a gross misdemeanor or potentially dangerous dogs
shall be deemed guilty of a misdemeanor.
E. Injury to a Person or Animal. Such person's pet animal cause's injury to a person or
domestic or pet animal. Injury to a person or animal, including livestock, is a
misdemeanor.
F. Accumulation of Feces. Allow the accumulation of cat or dog feces in any open area,
run, cage or yard wherein dogs and /or cats are kept and to fail to remove or
dispose of feces at least once every 24 hours.
G. Failure to Remove Fecal Material. Such person fails to remove animal fecal matter
when accompanying an animal off the owner's property; or from another's
property; or from public property. Such person shall possess and use the equipment
or material necessary to remove animal fecal matter. Failure to remove fecal
material is a civil infraction. Owners of duly licensed guide dogs shall be exempted
from this subsection G.
H. Failure to Provide Humane Care. Such person fails to provide a pet animal with
humane care as defined in YMC 6.08.030(K). Failure to provide humane care is a
misdemeanor.
I. Failure to Meet Terms of Quarantine. Such person fails to accept or to meet the
terms of a quarantine notice served pursuant to Thurston County health
department regulation after an animal has bitten a person. Failure to meet terms of
quarantine is a misdemeanor.
Confinement or Restraint of a Pet Animal. A pet animal shall not be trapped in any
manner that subjects the animal to injury inherent in the mechanism of the trap. A
humane box trap may be set on a complainant's property for the purpose of
trapping nuisance pet animals. Animals, which are caught in such a trap, must be
returned to their owners or taken to animal services. Injurious confinement or
restraint of a pet animal is a misdemeanor.
K. Venomous and Constrictor Reptiles. A humane and secure facility shall be provided
for constrictor type reptiles over eight feet in length and all venomous reptiles.
Escape of any venomous reptile or a constrictor type reptile over eight feet in
length must be reported immediately to animal services. Failure to comply
constitutes a misdemeanor.
L. Unlawful Release of Pet Animal. No person other than the owner or an officer
acting in an official capacity to enforce this chapter shall release a pet animal from
any enclosed area within which the animal is properly restrained or from any
restraining device such as a leash by which the animal is properly restrained.
Unlawful release of a pet animal is a misdemeanor.
M. Possession of Sick Animal. Have possession or control of any animal sick or afflicted
with any infectious or contagious disease and fail to provide treatment for such
infection or disease, or suffer or permit such diseased or infected animal to run at
large, or come in contact with other animals, or drink at any public or common
watering trough or stream accessible to other animals. Possession of a sick animal is
a misdemeanor.
N. Offenses Relating to Cruelty and /or Abandonment. The provisions of Chapters
16.52 and 16.54 RCW, as now or hereafter amended, are by this reference adopted
as though here fully set forth.
O. Owning Vicious Animals Prohibited — Exception. It is unlawful to own a vicious
animal with knowledge that the animal is vicious, or with reckless disregard of the
fact that the animal is vicious; provided, however, that this prohibition shall not
apply to guard dogs that are to protect innocent third parties, controllable by their
owners /handlers, and adequately confined is a misdemeanor.
P. Offenses Relating to Sale of Animals. For the purpose of public and consumer
safety, it is unlawful to:
1. Sell any animal known to be sick or injured unless the buyer is given, at the
time of sale, written notice of the condition of the animal;
2. Sell any animal known to be a vicious or destructive animal;
3. Sell any dangerous animal except to zoos or other facilities possessing or
maintaining dangerous animals which are owned by any city, county, state
or federal agency or school, college, university or similar educational facility.
Any violation of the above offenses as defined in this subsection P relating to the
sale of animals is a misdemeanor.
AQ. Offenses Relating to Licensing. It is unlawful for the owner or custodian of any
animal to:
1. Fail to display conspicuously any current and valid license identification tag
on the licensed animal, except as otherwise provided in this chapter;
2. Fail to show any animal's license upon request of any animal control officer
or any police officer therefore;
3. Use or permit another person to use a license or license identification not
issued to such person for his animal;
4. Remove a valid license identification from any cat or dog without owner's
consent, and that of the issuing authority;
5. Alter a license in any manner;
6. Make a false or misleading statement or representation regarding the
ownership or right to custody or control of an animal redeemed from,
surrendered to, detained by the director;
7. Remove any detained animal from the city animal shelter or a department
vehicle without the written consent of the animal control officer or other
representative of the issuing authority; or
8. Affix any animal identification tag to any animal for which such tag and
license were not issued.
Any violation of the above relating to licensing and registration is a civil infraction.
SECTION 12.
A new title is added to the Yelm Municipal Code at Title 18 — Unified Development Code.
The new title is Exhibit A to this Ordinance.
SECTION 13.
A new title is added to the Yelm Municipal Code at Title 15 — Franchises. The new title is
Exhibit B to this Ordinance.
SECTION 14.
A new chapter is added to the Yelm Municipal Code at Chapter 9.86 —Adult Entertainment
Business. The new Chapter is Exhibit C to this Ordinance.
SECTION 15.
A new chapter is added to the Yelm Municipal Code at Chapter 5.52 —Adult Entertainment
Business Licensing. The new Chapter is Exhibit D to this Ordinance.
SECTION 16.
This ordinance shall take effect five days after passage, approval, and publication.
PASSED by the City CounAof Yelm this 27th day of January, 2015.
Harding, Mayor
Authenticated:
nine A. Schnepf, City Clerk
PUBLISHED: Nisqually Valley News, February 6, 2015
EFFECTIVE DATE: February 11, 2015
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