ENN-3.04 - Bees and Livestock

Bees and Livestock

1. Applicability

Title 13 provides the rules for keeping bees and livestock in the City of Portland. It contains objective standards and best practice recommendations to support the health and safety of people and animals and reduce nuisances (vermin, noise, smells, property damage).

2. Purpose

These administrative rules clarify the administration of Title 13 (adopted August 5, 2020).

3. Definitions

As used in these administrative rules, the following words and phrases will be construed as defined in this section, unless the context indicates a different meaning is intended.

A. Apiary means the place where bee colonies are located.

B. Bees mean honey-producing insects of the species apis mellifera, commonly known as honeybees.

C. Beekeeper means a person who owns or has charge of one or more colonies of bees.

D. City Administrator means the City Administrator of the City of Portland or their authorized representative, designee or agent.

E. Livestock means animals including, but not limited to: fowl, horses, mules, burros, asses, cattle, sheep, goats, llamas, emu, ostriches, rabbits, swine, or other domesticated farm animals excluding dogs and cats. For the purposes of this Title there are two categories of livestock:

• Backyard livestock are smaller livestock animals that may be kept humanely in urban backyards with minimum impacts to adjacent properties. These animals include but are not limited to: small domestic fowl, such as chickens, ducks, and pigeons; rabbits; and some miniature breeds of livestock (e.g. goats, sheep, pigs).
• Large livestock are larger livestock animals than backyard livestock and due to their size, require more space than typically available in an urban backyard to be kept humanely without the potential for significant negative impacts on adjacent properties. These animals include but are not limited to: horses (standard and miniature); cattle; llamas; and standard size sheep and goats.

F. Livestock facility means the area used for the keeping and confinement of livestock, including but not limited to shelters such as coops, hutches, stables and outdoor pen areas.

G. Livestock keeper means any person who harbors, cares for, or exercises control over livestock animals.

H. Livestock owner means the person who owns livestock.

I. Person means any natural person, association, partnership, firm, corporation or other legal entity.

J. Specified animal facility permit means a permit granted by Multnomah County for the keeping of bees or livestock.

4. Regulatory Authority

All rules will be adopted or revised following the procedures outlined in Chapter 1.05 of the Portland City Code (PCC).

5. Owner Responsibilities for Keeping Bees and Livestock

A. The maximum number of animals is determined by lot size. Beekeepers and livestock keepers are responsible to know the square footage of their lots. This information can be found using www.portlandmaps.com.

B. Large livestock and other certain animals are only allowed in areas that allow agricultural uses. Keepers of these animals must know the zoning of their property and if agriculture uses are allowed. Property zoning information can be found using www.portlandmaps.com. In addition, Title 33, Planning and Zoning must be consulted to determine if their zoning allows agriculture uses.

C. Nuisance complaints. Animal owners are required to respond within 72 hours to remediate nuisance conditions, including but not limited to, waste removal and general upkeep of the animal's facility, animals allowed off-site, and feeding or watering practices that attract rats. Beekeepers are required to respond within 72 hours to remediate nuisance complaints regarding their bees such as, but not limited to: hive placement, swarming, waste removal, watering practices, or hive entrance orientation. The keeping of livestock will not create a nuisance or disturb neighboring residents due to noise, odor, damage or threats to public health. Livestock keepers are required to respond within 72 hours to remediate nuisance complaints, including but not limited to: waste removal and general upkeep of the livestock facility, feeding or watering practices that attract rats, and animals roaming off the property they are being kept.

D. Contagious diseases. A specified animal keeper must contact a licensed veterinarian to examine any animal believed to have a disease contagious to animals (e.g., mange, eczema) or humans (e.g., ringworm, hepatitis, rabies). The animal in question must be confined in a secure enclosure until it is declared free of the disease by a licensed veterinarian.

E. Neighbor notification. Prior to installing beehives, beekeepers must send a letter to the owners of the properties within 150 feet of the site outlining their intention to keep beehives on their property and how the provisions of this Title and any administrative rules for best practices will be met. The letter will include information on how to contact the beekeeper for more information, to ask questions or to share feedback. Beekeepers will keep documentation to prove this requirement has been met. This requirement is meant to allow neighbors an opportunity to become aware of and comment, in an informal manner, before the beehives are installed. By sharing information and concerns, all involved can identify ways to resolve potential conflicts. While the comments from the neighbors are not binding, a collaborative approach is encouraged. A sample letter is available on the Title 13 website.

6. Determining the Required Area Dedicated to Livestock

Refer to Best Practices for Keeping Bees and Livestock as documented in the Best Practices for Keeping Bees and Livestock for setback requirements and pen/shelter size and other specifications. Food and water containers will not be counted when determining square footage.

7. Best Practices for Keeping Bees and Livestock

Keepers must also meet the best practices for the type of animal they are keeping, as documented in the Best Practices for Keeping Bees and Livestock.

8. Compliance and Enforcement

Any livestock owner who fails, omits, neglects or refuses to comply, or misrepresents any material fact in reported information, may be in violation of Title 13. In determining whether a violation has occurred, the City Administrator will evaluate the totality of the circumstances related to the violation.

A. Submitting Complaints.

Complaints should be submitted using the instructions provided on the Bees and Livestock program website.

B. Civil penalties.

1. Upon determining that a violation has occurred:
   1. Upon the first violation, the City Administrator may issue a written warning notice to the entity or person describing the violation and steps required to comply.
   2. If the violation is not remedied within 15 calendar days after issue of written warning notice, the City Administrator may issue a citation with an additional 15 calendar days to comply.

For each separate violation, a civil penalty of up to $500.00 total but no less than $100.00 may be assessed.

2. In determining the amount of any civil penalty to be assessed, the City Administrator will consider the following:
   1. The nature and extent of the responsible party's involvement in the violation;
   2. The benefits, economic, financial or otherwise, accruing or likely to accrue as a result of the violation;
   3. Whether the violation was isolated and temporary, or repeated and continuing;
   4. The magnitude and seriousness of the violation;
   5. The cost of investigation and remedying the violation;
   6. Any other applicable facts bearing on the nature and seriousness of the violation.

C. Grounds for Issuance of Inspection Warrants; Affidavit.

1. Affidavit. An inspection warrant will be issued only upon cause, supported by affidavit, particularly describing the applicant's status in applying for the warrant, the statute, ordinance or regulation requiring or authorizing the inspection or investigation, the property to be inspected or investigated and the purpose for which the inspection or investigation is to be made including the basis upon which cause exists to inspect. In addition, the affidavit will contain either a statement that entry has been sought and refused, or facts or circumstances reasonably showing that the purposes of the inspection or investigation might be frustrated if entry were sought without an inspection warrant.
2. Cause. Cause will be deemed to exist if a violation exists with respect to any animal covered by these regulations with respect to the designated property, or an investigation is reasonably believed to be necessary to discover or verify the condition of the property for conformity with building regulations.

D. Execution of Inspection Warrants.

1. Examination. Before issuing an inspection warrant, the judge may examine under oath the applicant and any other witness and will be satisfied of the existence of grounds for granting such application. 
2. Issuance. If the judge is satisfied that cause for the inspection or investigation exists and that the other requirements for granting the application are satisfied, the judge will issue the warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered and the purpose of the inspection or investigation. The warrant will contain a direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the judge has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.
3. Police Assistance. In issuing an inspection warrant on unoccupied property, including abatement warrants, the judge may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and assist the City Administrator inspecting the property in any way necessary to complete the inspection.

E. Execution of Inspection Warrants

1. Occupied Property. Except as provided in subsection 2. of this section, in executing an inspection warrant, the person authorized to execute the warrant will, before entry into the occupied premises, make a reasonable effort to present the person's credentials, authority and purpose to an occupant or person in possession of the property designated in the warrant and show the occupant or person in possession of the property the warrant or a copy thereof upon request.
2. Unoccupied Property. In executing an inspection warrant, the person authorized to execute the warrant need not inform anyone of the person's authority and purpose, as prescribed in subsection 1. of this section but may promptly enter the property if it is at the time unoccupied or not in the possession of any person or at the time reasonably believed to be in such condition. In such case a copy of the warrant will be conspicuously posted upon the property.
3. Return. An inspection warrant must be executed within 30 working days of its issue and returned to the judge by whom it was issued within 30 working days from its date of execution. After the expiration of the time prescribed by this subsection, the warrant unless executed is void.

F. Additional conditions and restrictions. In addition to the monetary civil penalties imposed for infractions of this chapter, the City Administrator will have authority to order additional restrictions and conditions upon the party in violation, including but not limited to the following:

1. Requirement to remove all specified animals from the property. If efforts to resolve the violations have been proven unsuccessful and no other options are feasible, it may be necessary to suspend the animal owner's or keeper's right to own or keep any animal in the city for a period of time specified by the City Administrator. Generally, 30 days will be provided for proper removal or relocation in a legal and proper manner and in a humane fashion. If animals remain at the property beyond the 30-day allotment, civil penalties will accrue at the maximum daily penalty of $500.00 per day.

G. Collection. At the discretion of the City Administrator, any civil penalty(ies) not paid within 30 days from the date of issuance of the notice of infraction may be assigned to a collection's agency for collection.

H. All civil penalties collected will be claimed by Multnomah County to defray costs of administering this Title.

I. Right of Appeals. An owner who receives a civil penalty may, within ten calendar days of the date the notice was issued, either pay the penalty amount or request an appeal hearing before the Code Hearings Officer in accordance with procedures set forth in Chapter 22.10 of the Portland City Code. The filing of an appeal request will stay the effective date of the penalty until the appeal is determined by the Code Hearings Officer. If payment of the penalty is ordered, such payment must be received by the City Administrator or postmarked within 15 calendar days after the order becomes final.