ORDINANCE NO. __8731_

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, REPEALING EXISTING CHAPTER III, ARTICLE 5 AND ENACTING, IN ITS PLACE, CHAPTER III, ARTICLE 5 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION, AND AMENDMENTS THERETO, RELATING TO THE REGULATION OF CHICKENS AND DUCKS WITHIN THE CITY.

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

SECTION 1. Existing Chapter III, Article 5, of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that Section 2 of this Ordinance supersede and replace it.

SECTION 2. The Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby amended by enacting Chapter III, Article 5, which shall read as follows:

ARTICLE 5.  CHICKENS AND DUCKS.

3-501               PURPOSE

The Governing Body finds that, in order to advance the health, safety, and welfare of the residents of the City of Lawrence, Kansas, it is necessary to regulate the keeping of chickens and ducks within the City limits.

3-502               DEFINITIONS

The following words, terms, and phrases, when used in this Article, shall have the following meanings, except where the context clearly indicates otherwise:

(a)        “Fowl” shall mean those domestic birds commonly kept for the production of meat, eggs, or feathers. For the purposes of this Article, Fowl shall include, but not be limited to, chickens, ducks, turkeys, geese, swans, peafowl, guinea fowl, ostriches, and emus.

(b)        "Permitted Fowl" shall, for the purposes of this Article, mean ducks and female chickens.

3-503               KEEPING OF FOWL PROHIBITED; EXCEPTIONS

(a)        Except as provided in subsection (b), no person shall own, keep, or harbor, on a temporary or permanent basis, any Fowl within the City.

(b)        A person may own, keep, or harbor Permitted Fowl within the City, subject to the following restrictions:

(i)         The maximum number of Permitted Fowl shall not exceed one fowl per 500 square feet of lot size, rounded down; and

(ii)        The maximum number of Permitted Fowl shall not exceed twenty fowl, regardless of the size of the lot.

3-504               COOPS; ROOSTS; LAYING BOXES

(a)        In addition to other requirements of this Chapter that specify standards applicable to the keeping of animals, or of this Article relating to the keeping of Permitted Fowl, any person who owns, keeps, or harbors Permitted Fowl shall provide a coop or other similar shelter.

(i)         Any coop or shelter shall be screened or walled in a manner that allows the Permitted Fowl to be reasonably protected from predators.

(ii)        Any coop or shelter shall be a minimum of three square feet in size per fowl if the fowl have an enclosed outdoor run, or ten square feet in size per fowl if the fowl do not have an enclosed outdoor run.

(iii)       Any coop or shelter shall be constructed in a manner that it is consistent with the requirements of the City's Land Development Code, Chapter 20 of the City Code. In the event that the coop or shelter qualifies as an accessory structure under the City Code, then all requirements regarding placement and setbacks must be met. In no event, however, shall any coop or shelter be located nearer than five feet from any neighboring property line.

(iv)       Any coop or shelter shall be maintained in a clean and sanitary fashion to prevent the unreasonable accumulation of waste or other noxious substances, the emanation of noxious odors, or the presence of vermin.

(b)        For each chicken, one roost, with a minimum size of eight square inches, shall be required. Roosts shall not be required for ducks.

(c)        For every three chickens, a minimum of one laying box space, with a minimum size of one square foot, shall be required. Each laying box shall contain adequate clean bedding material such as hay or other soft material. Laying boxes shall not be required for ducks.

3-505               UNLAWFUL ACTS

(a)        Except as otherwise permitted by this Article, it shall be unlawful to own, keep, or harbor Fowl within the City limits.

(b)        It shall be unlawful to own, keep, or harbor, within the City limits, Permitted Fowl in numbers exceeding those permitted by Section 3-503.

(c)        It shall be unlawful to violate any of the regulations regarding coops, roosts, and laying boxes as established at Section 3-504.

3-506               MUNICIPAL OFFENSE

It shall be a municipal offense to engage in any of the unlawful acts listed at Section 3-505 of this Article. Any person engaging in any of the unlawful acts listed at Section 3-505 of this Article, shall, upon an adjudication of guilt or the entry of a plea of no contest, be subject to a fine not to exceed $500.00, incarceration not to exceed 30 days, or both a fine and incarceration.

3-507               EXEMPTIONS

                        The provisions of this Article shall not apply to the following:

(a)        The owning, keeping, or harboring of Fowl or Permitted Fowl in those zoning districts where the Land Development Code permits such uses as a matter of right.

(b)        The owning, keeping, or harboring of Permitted Fowl hatchlings by Retail Establishments, Construction Sales and Services, Agricultural Sales, or Agricultural, Animal uses, located in industrial or commercial zoning districts, for the purposes of retail or wholesale sales.

(c)        The owning, keeping, or harboring of Permitted Fowl by educational institutions;

(d)        The temporary possession of Permitted Fowl by the United States Postal Service that are deposited with the United States Mail until such time as the Permitted Fowl are either delivered to the addressee or the addressee retrieves the Permitted Fowl from the Postal Service.

(f)        The temporary possession of Permitted Fowl by a commercial package or parcel delivery service until such time as the Permitted Fowl are delivered to the addressee.

(g)        Any Fowl or Permitted Fowl that may be kept or harbored, on a temporary basis, during any fair, show, or exhibition at the Douglas County Fairgrounds.

SECTION 3. 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. This ordinance shall take effect and be in full force and effect immediately following its adoption and publication as provided by law.

ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ____ day of May, 2012.

 APPROVED:

___________________________________

Robert J. Schumm

Mayor

ATTEST:

__________________________________

Jonathan M. Douglass

City Clerk

APPROVED AS TO FORM AND LEGALITY:                   

__________________________________

Toni R. Wheeler

City Attorney

*****

NOTICE TO PUBLISHER

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.