ORDINANCE NO. 8214
AN ORDINANCE AMENDING CERTAIN PORTIONS OF CHAPTER III OF THE CODE OF THE CITY OF LAWRENCE, KANSAS REGARDING THE KEEPING OF ANIMALS WITHIN THE CITY LIMITS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. Section 3-104 of the Code of the City of Lawrence, 2008 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 other than species protected by state or federal law.
(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.
(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. Persons legally owning
domestic fowl seventy-five (75) feet away from any dwelling other than that of
the owner or tenant thereof pursuant to Section 3-105 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.
(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.
Section 2. 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 3. This ordinance shall take effect and be in force effective upon its passage and publication
once in the official city paper as provided by law.
PASSED by the Governing Body this _______ day of____________, 2008.
PASSED:
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Michael Dever, Mayor
ATTEST:
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Frank S. Reeb, City Clerk
APPROVED AS TO LEGAL FORM:
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Toni Ramirez Wheeler
Director of Legal Services