Livestock in City LimitsCity of Kalispell
Planning Department
17 - 2nd Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751-1850
Fax: (406) 751-1858
Website: kalispeliplanning.corn
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, senior Planner
James H. Patrick, City Manager
SUBJECT: Amendment to City Code section 4-1 regarding Livestock within
the city limits
MEETING BATE: March 19, 2007 work session
BACKGROUND: The Kalispell City Planning Board held a work session on January
22nd regarding the amendment to Kalispell city code, chapter 4, Animals and Fowl.
Section 4-1 of chapter 4 states that no person shall keep within the city limits any
cattle, horses, mules, sheep, goats, buffalo, swine, wild or domesticated predatory or
game animal. At the January 22nd work session, the planning board directed staff to
draft revisions to section 4-1 of the city code to allow horses, donkeys, mules, sheep,
goats and llamas within city limits at a density not to exceed one animal per acre of
fenced pasture. The planning board also wanted to consider adding provisions for
offspring, a nuisance clause and maintaining appropriate animal densities for lands
annexed into the city.
A public hearing was held on the proposed amendment on February 13th. Sean
Conrad of the Kalispell Planning Department summarized a memo dated February S,
2007 to the board which provided the board with proposed language to consider based
on the January 22nd work session. Mike Hall, the city's animal control officer, had
some concerns regarding the enforcement of #3 that references odors, noise, drainage,
waste, and insects and he felt that these provisions were somewhat subjective and
leave a lot of room for interpretation. No one from the public spoke either for or
against the proposed code amendment.
The board discussed the proposal and the potential related impacts. A motion was
made and passed on a 5 to 1 vote to recommend to the Kalispell City Council that
Kalispell City code, section 4-1, be amended as proposed in attached exhibit A. As
part of the board's motion the board amended #3 and removed references to odors,
noise, drainage, waste, and insects. The one planning board member voting against
the proposed amendment felt the board was using a large tool to address a very small
number of potential occurrences. He also felt that bringing large livestock into the city
is setting up the potential for neighbor disputes.
City Code Amendment -Section 4-1 Livestock
February 26, 2007
Page 2
1RECCNM1ENDATICN: A motion to adopt the first reading of the ordinance to amend
city code section 4-1 as recommended by the planning board would be in order.
FISCAL EFFECTS: Minor positive impacts.
ALTERNATIVES: As suggested by the City Council.
Respectfully 'tied,
r'
!r
Sean Conra
Senior Planner
Deport compiled: February 26, 2007
c: Theresa White, Kalispell City Clerk
ames H. Patrick
City Manager
City of Kalispell
Planning Department
17 -- 2" d Street East, Suite 211, Kalispell, Montana 59901
Telephone: (406) 751 -1850
Fax: (406) 751-1 S5 S
website: kalispellplan ing.com
February 26, 2007
James H. Patrick, City Manager
City of Kalispell
P.D. Box 1997
Kalispell, MT 59903
Re: Amendment to City Code Section 4-1 regarding livestock within the city limits
Dear Jim:
The Kalispell City Planning; Board held a work session on. January 22nd regarding the
amendment to Kalispell City Code, Chapter 4, Animals and Fowl. Section 4-1 of
Chapter 4 states that no person shall keep within the city limits any cattle, horses,
mules, sheep, goats, buffalo, swine, wild or domesticated predatory or game animal.
At the January 22nd work session, the planning board directed staff to draft revisions
to section 4-1 of the city code to allow horses, donkeys, mules, sheep, goats and
llamas within city limits at a density not to exceed one animal per acre of fenced
pasture. The planning board also wanted to consider adding provisions for offspring,
a nuisance clause and maintaining appropriate animal densities for lands annexed
into the city.
A public hearing was held on the proposed amendment on February 13f. Sean
Conrad of the Kalispell Planning Department summarized a memo dated February 5,
2007 to the board which provided the board with proposed language to consider based
on the January 22nd work session. Mike Hall, the city's animal control officer, had
some concerns regarding the enforcement of #3 that references odors, noise, drainage,
waste, and insects and he felt that these provisions were somewhat subjective and
leave a lot of room for interpretation. No one from the public spoke either for against
the proposed code amendment.
The board discussed the proposal and the potential related impacts. A motion was
made and passed on a 5 to 1 vote to recommend to the Kalispell City Council that
Kalispell City Code, Section 4-1, be amended as proposed in attached exhibit A. As
part of the board's motion the board amended #3 and removed references to odors,
noise, drainage, waste, and insects. The one planning board member voting against
the proposed amendment felt the board was using a large tool to address a very small
number of potential occurrences. He also felt that bringing large livestock into the city
is setting up the potential for neighbor disputes.
City Code Amendment -Section 4-1 Livestock
February 26, 2007
Page 2
Please schedule this matter for the March 5, 2007, regular Kalispell City Council
meeting. You may contact this board or Sean Conrad at the Kalispell Planning
Department if you have any questions regarding this matter.
Sincerely,
Kalispell City Planning Board
r
Timothy Norton
President
TN/PJS/ma
Attachments-, Pl ' g Board memo dated 2 / 5 / 07
Draft minutes 2 / 13 / 07 planning board meeting
Exhibit A
Current City Code Section 4-1
c w/ Att: Theresa White, Kalispell City Clerk
A
CITY CODE SECTION 4-1
AS REC[]�NDED BY THE PELL CITY PLANNING BOARD
FEBRUARY 13, 2007
The Kalispell City Planning Board recommends to the Kalispell City Council that
Kalispell City Code Section 4-1 be amended as follows:
Section 4-1
(C). Horses, donkeys, mules, sheep, goats and llamas are permitted within
the Kalispell city limits subject to the following minimum n i m um requirements:
1 . The number of horses, donkeys, mules, sheep, goats and llamas
permitted on a property shall not exceed one ara. mal per one acre
of fenced pasture land.
(2). Offspring to permitted animals living on the lot shall not be
counted as part of the animal density for one year from date of
birth at which time the owner shall bring the animal density back
into compliance with the ordinance code.
(3). Property owners keeping these animals in accordance with the
above standards must maintain such animals in a manner that
does not cause adverse impact to neighboring property owners.
(4). Property annexed into the city exceeding the densities required
under subsection (C)(1) shall have up to two years from the date of
annexation to bring the animal density into compliance with the
ordinance code.
4r-1: KEEPING OF CATTLE, ETC., IN CITY PROHIBITED: Page 1 of 1
4-1: KEEPING OF CATTLE, ETC., IN CITY PROHIBITED:
No person shall keep within the city limits any cattle, horses, mules, sheep, goats, buffalo,
swine, wild or domesticated predatory or game animal; provided, however:
A. That this section shall not be applicable upon property owned by the Flathead County
fair board and operated by such board as a fairgrounds within the city, and
B. That this section shall not be applicable to persons who keep pygmy goats or
potbellied pigs as household pets, provided that no person shall keep more than two (2)
pygmy goats or two (2) potbellied pigs.
Any person so offending shall be guilty of a misdemeanor and upon conviction thereof shall be
punished as provided in section 1-9 of this code, and shall be responsible for damages done
by such animals. (Ord. 1392, 8W20-2001)
http:llwww.sterlinv,codifiers.comp/MT/Kalispelllo3004001000001000.htm 2/26/2007
City of Kalispell
Planning Department
17 - 2'd Street East sure 211, alispefl., Montana 59901
Telephone: (406) 751- 1850
Fax.- (406) 751-1858
website: kalispellplanning.com
Date: February 5, 2007
To: Kalispell Planning Board members
From: Sean Conrad, Senior Planner
Re: Amendment to City Code Section 4-1 regarding livestock within the city
limits
Presently, city code prohibits the beeping of livestock within the city limits. The city
council has requested the planning board review this ban on livestock with an
emphasis on providing certain livestock under controlled conditions. This question
has arisen for two reasons. The City of Kalispell has received inquiries regarding the
keeping of livestock on property within the city limits and secondly, the city has in
the past looked at annexing rural properties that may have livestock on them now
and the total ban on livestock could become an impediment to annexation.
Specifically, city residents have requested that horses be allowed within the city on
personal property. Kalispell City Code, Chapter 4, Animals and Fowl, Section 4-1,
Keeping of cattle) etc., in city prohibited, states that no person shall keep within the
city limits any cattle, horses, mules, sheep, goats, buffalo, swine, wild or
domesticated predatory or gauze animal.
Several other cities in Montana including Billings, Bozeman and Missoula allow for
horses and other animals within the city limits subject to certain criteria. These
criteria include a ' um. lot size and a ratio of animals per acre. During the
planning n g board's work session held on January 22nd the board directed staff to draft
revisions to section 4-1 of the city code to allow horses, donkeys, mules, sheep, goats
and llamas within city limits at a density not to exceed one animal per acre of fenced
pasture. The planning board also wanted to consider adding provisions for offspring,
a nuisance clause and maintaining appropriate animal densities for lands annexed
into the city.
The regulating of livestock in Montana communities is typically addressed in the
zoning ordinance however some communities do it under a more general city
ordinance. The Planning Department is recommending the changes within the
existing city code, section. 4-1, because this code section already addresses livestock
whereas the zoning code would need to be amended to add an entirely new section to
address livestock. Amending the existing city code has another advantage in that the
city has an animal control officer who would enforce any code amendments regarding
livestock.
Based on preliminary comments from the planning board members, planning staff is
recommending Chapter 4, Animals and Foul, of the city's code be amended to allow
horses, donkeys, mules, sheep, goats and llamas subject to the following:
Section 4-1
(C). Horses, donkeys, mules, sheep, goats and llamas are permitted within
the Kalispell city limits subject to the following minimum requirements:
1 } . The number of horses, donkeys, mules, sheep, goats and llamas
permitted on a property shall not exceed one animal per one acre
of fenced pasture land.
(2). Offspring to permitted animals living on the lot shall not be
counted as part of the animal density for one year from date of
birth at which time the owner shall bring the animal density back
into compliance with the ordinance code.
(3). Property owners keeping horses in accordance with the above
standards must maintain such animals in a manner that does not
cause adverse impact to neighboring property owners. Potential
negative impacts on adjacent properties include odors, noise,
drainage, erosion and flies. Each person who keeps these animals
is responsible for the regular removal and disposal of animal
waste, and control of insects, erosion and odor. Failure to
maintain the property in accordance with these requirements shah
be considered a violation of the ordinance.
(4). Property annexed into the city exceeding the densities required
under subsection (C)(1) shall have up to two years from the date of
annexation to bring the animal density into compliance with the
ordinance code.
Page 1 of 1.
Theresa white
From: Eloise Hill [elhill@centurytel.net]
Sent: Friday, March 02, 2007 5:37 PM
To. citycouncil@kalispell.com
Subject: Planning Board on Livestock
City Clerk please provide my comment to all Council Persons and Mayor Kennedy --
Allowing additional livestock within the city is the most ludicrous idea I've heard recently! According to the city
code you can already raise poultry etc as long as the birds don't fly over the neighbor's fence. That is more than
enough! Please include my comment to any further public hearings.
Eloise M Hill 467 Sixth Ave Wet North Kalispell MT 59901 phone (406) 755-6057
3/14/2007