Memorandum

City of Lawrence

City Manager’s Office

TO:	Dave Corliss, City Manager
FROM:	Cynthia Boecker, Assistant City Manager
CC:	Diane Stoddard, Assistant City Manager Scott J. Miller, Staff Attorney Brian Jimenez, Code Enforcement Manager Amy Miller Brown, Long Range Planner
DATE:	October 24, 2008
RE:	Keeping of live fowl and domesticated hedgehogs

Over the past several months, discussions have been on-going regarding the keeping of live fowl within the city limits of the City of Lawrence.  Additionally, a separate request has been received to allow the keeping of domesticated hedgehogs.

Live Fowl

Earlier this year, a concern was raised by the Lawrence Humane Society regarding the public health issues related to the keeping of live fowl.  As a result of these concerns and a review of existing city regulations, an ordinance was drafted which would prohibit the keeping of live fowl.  Following the placement of this information on the future agenda item memo, concerns were raised by residents wishing to continue the practice of keeping fowl within the confines of their residential property.  In September, Commissioner Highberger and staff members from the City Manager’s Office, Legal and Planning and Development Services departments met with representatives of the Coalition of Lawrence Urban Chicken Keepers to discuss these concerns.  

A summary of existing laws regulating the keeping of domestic fowl is included in the attached memorandum. 

Staff has reviewed policies of other Kansas communities regarding their regulation of fowl.  Results of this survey are attached.  In sum, most cities do allow the keeping of fowl.  However, restrictions regarding number of animals, size of lot and distance from adjacent property generally apply.

Given the fact that there is not clarity in the City Code regarding the legality of keeping live fowl within the city limits and because of competing requests by Lawrence citizens, staff recommends policy discussion by the City Commission to determine the following:

• Should the keeping of live fowl be allowed within the city limits of Lawrence?
• If fowl are to be allowed, what, if any restrictions should apply?  (Should there be limitations to zoning districts?  Should there be limitations relating to size of lot?  Should the number of animals allowed be regulated or restricted?)

Domesticated Hedgehogs

A citizen request to consider amending the animal control ordinance to allow domesticated hedgehogs as pets within the City was also received and also has been reviewed.  Hedgehogs are currently not allowed under City ordinance because they are not classified as rodents.  Per the request and based on research, it is anticipate that hedgehogs would be kept in a manner similar to smaller rodents allowed under current ordinance.  In review of this request, the Lawrence Humane Society has been contacted and has indicated that the only substantial concern with the keeping of hedgehogs is if the animals would be released and reproduce their population could compete with and perhaps threaten populations of some indigenous small mammals.

Action Requested/Recommended

Staff seeks City Commission direction regarding these items.