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14835 Prairie Vist Loop SEMicrosoft Office Outlook - Memo Style (4)Gary Carlson From: Grant Beck Sent: Tuesday, April 16, 2013 12:27 PM To: Gary Carlson; Kevin Ray Subject: RE: Chickens Good grief. The Zoning Code, in the R -4 zoning district (which is the zoning for Tahoma Terra per the approved Master Planned Community), states at Section 17.12.020 (13)(4) YMC that: 5. The keeping of common household animals or pets is permitted; provided, that their keeping does not constitute a nuisance or hazard to the peace, health and welfare of the community in general and neighbors in particular It further states at Section 17.12.030 that: B. Uses other than those identified or described in YMC 17.12.020 are prohibited. This means that anything other than keeping a common household animal or pets is NOT permitted. The Zoning Code does not define pets'. Therefore we can look to the other definitions in the City Code for guidance. The Animal Control Code defines "Pet Animal" at Section 6.08.030 (S) as: "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. Therefore: If the chickens are kept for a food source, they are NOT a pet and are prohibited in the R -4 zoning district. Grant Beck, Director of Community Development City of Yelm 1 105 Yelm Avenue West I Yelm, WA 98597 1 www.ci.yelm.wa.us (360) 458 -8408 1 (360) 458 -3144 FAX I cirantb @ci.yelm.wa.us From: Gary Carlson Sent: Tuesday, April 16, 2013 11:58 AM To: Kevin Ray Cc: Grant Beck Subject: RE: Chickens It was hard for me to, but since it only mentions cats, dogs and any other pet and chickens by definition are not pets that rules them out. If someone wants to argue, there is nothing you can do about it. However, when Todd delivers a citation to them I think they usually get the hint. Gary From: Kevin Ray Sent: Tuesday, April 16, 2013 11:54 AM 1 To: Gary Carlson Cc: Grant Beck Subject: RE: Chickens 6.08 is definitions, this guys is asking where does it state in the city of Yelm you cannot have chickens . I have looked and looked am I missing something.. Kevin Ray Public Works Field Supervisor 360- 458 -8406 901 Rhoton Rd SE Yelm WA 98597 From: Gary Carlson Sent: Tuesday, April 16, 2013 11:36 AM To: Kevin Ray Subject: FW: Chickens Kevi n, Attached is my email chain with Grant. These are tough calls but I now believe that if you want to show some one in ordinance form, that chapter 6.08 intent and definition of pet clearly exclude chickens as being allowed. Gary From: Grant Beck Sent: Tuesday, April 16, 2013 11:31 AM To: Gary Carlson Subject: RE: Chickens So THAT is also a citation, please send him the section number in the animal chapter. We did regulate chickens under the zoning code for the 2008 complaint, though. Grant Beck, Director of Community Development City of Yelm 1 105 Yelm Avenue West I Yelm, WA 98597 1 www.ci.yelm.wa.us (360) 458 -8408 1 (360) 458 -3144 FAX I grantb @ci.yelm.wa.us From: Gary Carlson Sent: Tuesday, April 16, 2013 11:30 AM To: Grant Beck Subject: RE: Chickens The reason I never used chapter 17 is because it does not define pets. Chapter 6.08 intent is to regulate dogs, cats and other pet animal. The chapter defines a pet animal to paraphrase "cannot be one to be used or to produce food. Thus chickens are specifically not allowed under chapter 6.08. From: Grant Beck Sent: Tuesday, April 16, 2013 11:22 AM To: Gary Carlson Subject: RE: Chickens Gary - N This doesn't do what I needed, which is to provide the specific citation for the violation. It is a zoning code violation pursuant to 17.12.020: 5. The keeping of common household animals or pets is permitted; provided, that their keeping does not constitute a nuisance or hazard to the peace, health and welfare of the community in general and neighbors in particular; Grant Grant Beck, Director of Community Development City of Yelm 1 105 Yelm Avenue West I Yelm, WA 98597 1 www.ci.yelm.wa.us (360) 458 -8408 1 (360) 458 -3144 FAX I grantb @ci.yelm.wa.us From: Gary Carlson Sent: Tuesday, April 16, 2013 9:45 AM To: Grant Beck Subject: FW: Chickens From: Gary Carlson Sent: Monday, April 15, 2013 11:29 AM To: Kevin Ray Subject: Chickens Kevi n, Attached is a letter I sent in 2008. 1 did use the term zoning, if you need to cite code you may want to change that to animal control. Gary 3