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012-20 - Ordinance - Relating to Nuisances, Amending POMC 9.30.020 Pertaining to BeekeepingORDINANCE NO. OL2.2O AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REIATING TO NUISANCES; AMENDING PORT ORCHARD MUNlCtPAL CODE SECTION 9.30.020, PERTAINING TO BEEKEEPING; PROVIDING FOR SEVERABILIW; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapters7.48 and 9.56 of the Revised Code of Washington (RCW), the City of Port Orchard is delegated authority to establish civil and criminal procedures for regulating and abating public nuisances, defined as conditions that negatively impact the public's health and safety; and WHEREAS, the City's existing regulations for public nuisances are codified at Port Orchard Municipal Code (POMC) Chapter 9.30; and WHEREAS, due to complaints from the public regarding beekeeping activities that jeopardize or endanger the public, the City Council desires to control beekeeping as a nuisance under certain conditions; and WHEREAS, the City Council finds that this Ordinance and the amendments to POMC Chapter 9.30 herein are consistent with the City's Comprehensive Plan and regulations, and are in the best interests of the residents of the City and further advance the public health, safety and welfare; now, therefore, THE CtW COUNCIL OF THE CIW OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTI oN 1.Findings and Recitals. The recitals set forth above are hereby adopted and incorporated as findings in support of this Ordinance. SECTION 2. Amendment. POMC Section 9.30.020, Types of nuisances, is hereby amended to read as follows: 9.30.020 TyPes of nuisances' Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance and whenever the enforcement officer determines that any of these conditions exist upon any premises or in any lake, river, stream, drainageway, or wetlands, the officer may require or provide for the abatement thereof pursuant to this chapter: (1) The existence of any weeds, trash, dirt, filth, the carcass of any animal, waste, shrubs, accumulation of lawn or yard trimmings or other offensive matter; Ordinance No.012-20 Page2 of 2 +t!l (18) The existence of any goods, merchandise, or property of any kind on any streets, alleys or sidewalks of the city, wtrich unreasonably obstructs pedestrian or vehicula r traffic,; (191 The keeping of hives of honey bees or other stinging insects in or upon their property or premises, that are: (a) defensive or exhibit objectionable behavior, including swarming, or which interfere with the normal use of property, or the enfoyment of persons, animals, or adjacent propefi; (b) abandoned hives; (c) diseased bep;s I hives; or (dl all other nests (colonies) of stinging insects such as yellow jackets, hornets, and wasps which exhibit objectionable behavior or interfere with normal use of property, or the enjoyment of persons, animals, or adjacent property. sEcTloN 2.Corrections- Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivene/s/clencal errors, references, ordinance numbering, section/subsectaon numbers, and any reference thereto. SECTION 3. SeverabiliW. lf any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutionalor invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECnOil 4. Effective Date. This ordinance shall be published in the official newspaper of the city and shalltake full force and effect five (5) days after the date of publication. A summary of thas ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 266 day of May 2O2O- ATTEST:Robert Putaan Mayor City Clerk AS TO aPo R4 EA .'-o S r- r- 'o LBr \ s / A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: June 5,202O lune LO,2O2O Scott , Councilmember NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held May 26,2020. oRDtNANCE NO. Ot2-20 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO NUISANCES; AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 9.30.020, PERTAIN!NG TO BEEKEEPING; PROVIDING FOR SEVERABILIW; ESTABLISHING AN EFFECTIVE DATE. Copies of Ordinance No. 012-20 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 012-20 will be provided at a nominal charge. Published: Friday, June 5, 2020