ORDINANCE NO. 8696

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS CONCERNING DOMESTICATED VIETNAMESE POTBELLIED PIGS, AMENDING SECTION 3-104 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION AND AMENDMENTS THERETO.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.  Chapter 3, Article 1, Section 3-104 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto, is hereby amended to read as follows:

3-104   ANIMALS EXCLUDED FROM PROHIBITION.

(A) Animals excluded from prohibition are:

(1) Domestic dogs, except those hybridized with wild canines.

(2) Domestic cats, except those hybridized with wild felines.

(3) Domesticated rodents.

(4) Domesticated European ferrets.

(5) Rabbits, except that no more than three (3) rabbits shall be permitted in a residentially-zoned district.

(6) Birds, except for species protected by state or federal law and those species prohibited by Article 5 of this chapter. (Ord. 8378)

(7) Nonvenomous snakes less than eight (8) feet in length, except that such snakes shall be required to be maintained on the owner's premises or property.

(8) Nonvenomous lizards.

(9) Turtles, except for species protected by state or federal law.

(10) Amphibians.

(11) Fish.

(12) Invertebrates.

(13) Any animal in the ownership of a veterinary clinic operated by a

licensed veterinarian.

(14) Any animal in the ownership of a person designated and licensed

as an animal rehabilitator by the Kansas Wildlife and Parks Department.

(15) Any animal in the ownership of a person temporarily transporting such animal through the city.

(16) Any animal in the ownership of a bona fide medical institution or accredited educational institution.

(17) Any animal exhibited for sale, show or other temporary purpose at the Douglas County Fairgrounds.

(18) Any animal temporarily owned by a facility licensed by the Kansas Animal  Health Department for the purpose of impounding, sheltering, or caring for animals.

(19) Domesticated Hedgehogs. (Ord. 8214)

(20) Vietnamese Potbellied Pigs subject to Chapter 3, Article 1, Section 3-104(D) of the Code of the City of Lawrence, Kansas.

(B) Persons legally owning goats, kids, sheep, rabbits or hares, horses, cows, mules or donkeys one hundred fifty (150) feet away from any building used for human habitation pursuant to Section 3-101 of the 1990 Code prior to December 30, 1992, shall be allowed to continue such use, provided ownership remains with the same person on the same property. Provided, the City Commission may suspend enforcement of this subsection, or establish reasonable conditions for the enforcement thereof, for property annexed into the City after December 30, 1992. (Ord. 8214)

(C) The Municipal Court Judge may order the confiscation of a prohibited animal

if the animal poses an immediate danger to the public or itself. Upon the

conviction of a person for owning an animal as prohibited by this Chapter,

the Municipal Court Judge shall order the animal confiscated and

transferred to an appropriate licensed animal rehabilitation or care facility.

The Municipal Court Judge may order the release of the animal to the owner

provided that the animal will not be kept within the City limits. (Ord. 6389)

(D) Owners of Vietnamese potbellied pigs shall ensure that male Vietnamese potbellied pigs over the age of four weeks shall be neutered and females over the age of 120 days shall be spayed. Additionally, adult Vietnamese potbellied pigs shall not exceed 150 pounds and Vietnamese potbellied pigs over the age of 120 days shall be vaccinated against pseudo rabies. Within 120 day of birth or 120 days of permanently entering the City of Lawrence, the owner shall provide to the Lawrence Humane Society verification by a licensed veterinarian that the pig is a purebred Vietnamese Potbellied Pig and a certificate of immunization. The registration may be accomplished by a microchip process. The following sections of Chapter 3 of the City of Lawrence Municipal Code applying to dogs, cats and other animals shall also apply to Vietnamese potbellied pigs; 3-105, 3-105A, 3-106, 3-107, 3-202, 3-202A, 3-202B, 3-202C, 3-203, 3-204, 3-205, 3-206, 3-207, 3-208, 3-209, 3-301, 3-302, 3-303. 3-304 and 3-305.

Section 2.       Repeal.     Chapter 3, Article 1, Section 3-104 of the Code of the City of Lawrence, Kansas, 2011 Edition and amendments thereto is hereby repealed, it being the intent to replace said section with the contents herein.

Section 3.       Severability.     If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 4. Effective Date.     This ordinance shall take effect and be in force upon its passage and publication once in the official city paper as provided by law.

ADOPTED by the Governing Body this _______ day of March, 2012.

                                                                                    PASSED:

                                                                                    ________________________

                                                                                    Aron E. Cromwell, Mayor

ATTEST:

____________________________

Jonathan M. Douglass, City Clerk

APPROVED AS TO LEGAL FORM:

____________________________

Toni R. Wheeler         

City Attorney