1994-11155-Ordinance No. 94-001 Recorded 3/17/199494-11155
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Amending Title 18
To Define Pot-bellied Pigs,
Regulate them As Domestic Pets
and Declaring an Emergency.
NO. 94-001
REVIEWED
J jJ
LEGAL COUNSEL
tREGON
9
L l�
0129-0121
WHEREAS, the Deschutes County Planning Commission has
conducted a public hearing on the proposed amendment and has
made a recommendation to the Board of County Commissioners;
and,
WHEREAS, after notice was given and hearing conducted in
accordance with applicable law, the Board of County
Commissioners have considered the Planning Commission's
recommendation; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
NOTE: Language to be deleted is in brackets []; language to
be added is underlined and in bold.
Section 1. Section 18.04.030, "Definitions," of the
Deschutes County Code is amended to amend the definition of
"kennel" to read as follows:
"Kennel. A lot or building in which four or more dogs,
cats, pot-bellied pigs or other animals at least four
months of age are kept commercially for board, breeding,
training or sale."
Section 2. Section 18.04.030, "Definitions," of the
Deschutes County Code is amended to amend the definition of
"livestock" to read as follows:
"Livestock. Domestic animals of types customarily
raised or kept on farms for profit or other productive
purposes. This definition does not include household
dogs [and] cats and pot-bellied Picts. (Ord. 93-038 ss
1, 1991) "
Section 3. Section 18.04 of Title 18, the Deschutes
County Zoning Ordinance is amended to add the definition of
"pot-bellied pig" as follows:
1 - ORDINANCE - NO. 94-001 March 16, 1994 81994
"Pot-bellied Pig. A swine commonly referred to as
Miniature Vietnamese, Chinese or Oriental pot-bellied
pig. Such animals shall not exceed a maximum height of
eighteen (18) inches at the shoulder. " 0129-010o
Section 4. In support of its decision, the Board adopts
the staff report and recommendations of the Planning
Commission, attached hereto as Exhibit "A" and incorporated
herein by reference.
Section 5. This Ordinance being necessary for the
immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this Ordinance
takes effect on its passage.
DATED this /� day of a'i fits , 1994.
BOARD OF COUNTY
ff
NANCY
, Chair
OF
TOM "mOOP,ICommissioner
AT 13VYLt� _ 1644k�
Recording
Secretary BARRY A.SLAUGHTER, Commissioner
2 - ORDINANCE - NO. 94-001 March 16, 1994
Exhibit "A" To Ordinance 94-001 0129-0123
DESCHUTES COUNTY PLANNING DIVISION
STAFF REPORT
FILE NUMBER: TA -94-7, Ordinance 94-001
PUBLIC HEARING: Board of County Commissioners
TIME: March 16, 1994, 10:00 a.m.
PLACE: Hearings Room "A" Juvenile Justice
APPLICANT: Deschutes County
REQUEST: Amendment Title 18, the Deschutes County
Zoning ordinance to define pot-bellied pigs
and regulate them in the same manner as
domestic pets.
STAFF: Catherine Morrow, Associate Planner
Background
The County Commissioners asked the Deschutes County planning
commission to consider the issue of regulating pot-bellied
pigs. This request was made following a 1992 code
enforcement action in La Pine. A person complained that
their neighbor was keeping a pig in the RSC zone and that
was not allowed. He alleged that the odor was offensive
and the pen had not been cleaned out in 2 years. The case
went to court and the judge required that the pot-bellied
pig be removed from the property until the county determines
that pot-bellied pigs can be regulated as domestic pets.
Glyn Scott, code enforcement officer, reports that there
have been a couple of other complaints about pot-bellied
pigs in the MUA-10 zone. However, it is not a violation of
the MUA-10 zone to keep pigs, so no code enforcement action
was taken.
The planning commission conducted a work session on January
13, 1994 to consider alternatives for regulating pot-bellied
pigs. The planning commission directed staff to draft an
ordinance to define pot-bellied pigs and regulate them as
domestic pets.
The material submitted by the Central Oregon Pot -Bellied Pig
Association is attached.
ORDINANCE NO. 94-001 3/16/94
Exhibit "A" - Page 1
Findings
0129-0124
The planning commission conducted a public hearing on
Ordinance 94-01 on February 10, 1994. Testimony was
presented by Val Houghton, president of the Central Oregon
Pot -Bellied Pig Association, and Franz Rulofson the Oregon
State University livestock extension agent. There was no
other testimony. The planning commission voted to delete a
weight requirement from the definition of pot-bellied pig
and to forward the proposed ordinance with a recommendation
for approval to the Board of County Commissioners.
According to information submitted to the Planning Division
from the Central Oregon Pot-bellied Pig Association,
numerous jurisdictions have recognized pot-bellied pigs as
domestic pets and regulate them as such (a list of
jurisdictions is included in the attachment). In Oregon,
Portland, Aumsville and Springfield regulate pot-bellied
pigs as domestic pets. In Portland the number of pigs is
limited to no more than three.
Except for the odor of boars, pot-bellied pigs appear to
have less potential for conflict with neighbors than dogs.
They do not bark or chase livestock. Few people keep boars.
Males kept as pets are neutered.
The ideal size and configuration of pot-bellied pigs are
defined by the North American Pot-bellied Pig Association.
The maximum acceptable height at the high point of the
shoulder is eighteen (18) inches. Defining pot-bellied pigs
by height at the shoulder will distinguish them from farm
pigs.
Pot bellied pigs are kept as domestic pets, they are not
kept as farm animals or livestock as used in the definition
of farm use. Farm use as defined by Title 18.04 is: "the
current employment of land for the primary purpose of
obtaining profit in money by raising, harvesting and selling
crops or by the feeding, breeding, management and sale of,
or the produce of livestock, poultry, fur -bearing animals or
honeybees or for the dairying and the sale of dairy products
or any other agricultural or horticultural use or animal
husbandry or any combination thereof."
If pot-bellied pigs are added to the definition of "kennel"
then a conditional use permit would be required if more than
three pigs older than four months are kept on a lot for
board, breeding, training or sale. Kennels require
conditional use permits in the MUA-10 zone (kennel or animal
hospital), RSC zone, (kennel or animal hospital). "Dog
kennel" is a listed use in the EFU zone. Uses allowed in
the in the EFU zone are specified by ORS 215 and OAR
660-33. Kennels are not listed in other zones in Title 18.
ORDINANCE NO. 94-001 3/16/94
Exhibit "A" - Page 2