PROPOSED REVISIONS TO CHAPTER 3 REGULATION OF ANIMALS, CITY CODE
(new
language is shown below in bold print. Deleted text is shown as struckthrough
. Regulations in Section 5, Fowl have been moved to the Development Code and
the exemptions moved to the exemption section in this chapter.)
ARTICLE 1. GENERAL REQUIREMENTS CONCERNING ANIMALS
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 unless they meet the definition of a Small Animal Agriculture use, as defined in Section 20-1775 in the City Land Development Code, Chapter 20 of the City Code.
(6) Birds, except for species
protected by state or federal law and species prohibited by Article 5 of
this chapter, subject to the provisions in subsection (14),
3-108 and 3-109 . (Ord. 8378, Ord. 8942)
(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 or falconer 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. (Ord. 8696)
(21) Animals that fit the definition of a Small or Large Animal Agriculture use in Section 20-1775 of the City Land Development Code are permitted when kept as part of an Urban Agriculture use in compliance with the standards in the Development Code.
(22) The owning, keeping, or harboring of animals permitted as Small Animal Agriculture in the Development Code 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.
(23) The owning, keeping or harboring of animals permitted as Small Animal Agriculture in the Development Code by educational institutions.
(24) Any animal permitted as Large or Small Animal Agriculture may be kept or harbored, on a temporary basis, during any fair, show, or exhibition at the Douglas County Fairgrounds.
(25) The temporary possession of fowl, as defined in the Development Code, by the United States Postal Service or commercial package or parcel delivery service until such time as the fowl are delivered to the addressee.
(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) This section does not pertain to animals kept as part of a Small or Large Animal Agriculture use permitted in the Land Development Code as Urban Agriculture.
(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. (Ord. 8696)
(E) Owners of goats and sheep, shall ensure that male goats over the age of four months are neutered. Goats and sheep over the age of 120 days shall be vaccinated against rabies and leptospirosis. The owners of goats and sheep shall maintain proof of current vaccination.
3-105 CRUELTY TO ANIMALS
(B) Exceptions: Nothing in subsection A of this Section shall:
(1) Be deemed to prohibit any action by a licensed veterinarian done in accordance with accepted standards of veterinary medicine, or any action taken by a law enforcement officer pursuant to the interests of public health and safety. (Ord. 7123)
(2) Be interpreted as prohibiting any act done in self-defense or done to defend another person. (Ord. 7123)
(3) Be interpreted as prohibiting slaughter of animals allowed as Small Animal Agricultural in the City Land Development Code, when carried out in compliance with provisions in Section 20-547.
3-204 IMPOUNDING, REDEMPTION AND DISPOSITION
(C) Impoundment, redemption, and disposition of Small- and Large-Agriculture Animals, as defined in Section 20-1775 of the Land Development Code shall comply with the KS Department of Agriculture regulations for livestock as follows:
1. No person shall permit an agricultural animal to run at large in the city. Any agricultural animal found at large shall be impounded until redeemed by its owner. Owners or their authorized agents, if known, shall be notified within 24 hours of impoundment that they have 10 days within which to claim such animals and to pay all actual costs for taking up, keeping, and feeding of such animals. If not redeemed within 10 days, the animal may be advertised in the newspaper or taken to a livestock market and sold to the highest bidder for cash. The proceeds, after deducting the amount of the costs of impoundment, shall be paid to the owner of the agriculture animal or the owner’s authorized agent. If the owner or the owner’s authorized agent is not known or cannot be located, the proceeds remaining after the payment of actual costs shall be paid to the county treasurer. Such funds shall be deposited by the county treasurer in the county’s special stray fund provided for in K.S.A. 47-239, and amendments thereto. Nothing in this section shall be construed to prohibit the destruction of a critically injured or ill animal for humane purposes.
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. (Ord. 8731)
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: (Ord.
8378, Ord. 8731)
(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.
(Ord.
8378, Ord. 8731)
(A) Except
as provided in subsection 3-507no person shall own, keep, or harbor, on a
temporary or permanent basis, any Fowl within the City.
3-505 UNLAWFUL
ACTS.
(Ord.
8378, Ord. 8731)
(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.
(Ord.
8378, Ord. 8731)
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: (Ord. 8731)
(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 or as Small Agriculture Animal as part of an Urban Agriculture use.
(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.
(E) 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.
(F) 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.
3-508 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. (Ord. 8731)
PROPOSED CHANGES TO CHAPTER 9 HEALTH AND SANITATION
ARTICLE 6 THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE
(new language is shown in bold
print. Underlined or struckthrough text is part of the
current revisions to the Maintenance Code and are not being proposed with this amendment.)
SECTION 202 OF THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE: (definitions)
202.2.1 URBAN AGRICULTURE IMPLEMENTS, EQUIPMENT, OR MATERIALS. (Tools, movable structures, and soil amendments used for small-scale, primarily manual labor, agricultural production. Typical items include, but are not limited to:
1) Non-powered implements such as buckets, baskets, compost bins or barrels, fencing, ladders, landscape stones, low tunnels, rakes, shovels, trellising, and rain barrels;
2) Powered implements such as chain saws, chipper-shredders, mowers, roto-tillers, garden tractors; and
3) Materials such as mulch, compost, hay or straw bales, top soil, etc.
SECTION 301 OF THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE: (sanitation)
301.1.1 Urban Agriculture. Sites containing Urban Agriculture uses 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.
SECTION 302.10 OF THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE: (exterior property storage)
302.10 Exterior Property storage. No person shall allow on any yard, any porch (unenclosed), deck or balcony, or any other exterior property area of a premises, any of the following items, or an accumulation thereof: garbage, rubbish, bulky waste, salvage materials, tree waste, household appliances, vehicle parts, plumbing fixtures or similar items that are not manufactured and intended for storage within a yard, porch (unenclosed), deck or balcony, unless otherwise allowed by the City’s Land Development Code.
Exceptions:
1. Firewood that is neatly stacked, provided that such storage shall not be located within the front yard as defined by the City’s Land Development Code.
2. Lumber or construction materials that are neatly stacked and are actively being used to improve the property on which they are located.
3. Landscape materials such as edging stones, patio pavers, bricks, mounded or bagged soil, mulch, gravel or similar garden bed materials that are neatly stacked and are actively being used to improve the property on which they are located.
4. Exterior storage areas that are permitted as an accessory use to a principal use in certain nonresidential zoning districts and that have an approved site plan for such use as provided by the City’s Land Development Code.
5 Urban Agriculture Implements, Equipment or Materials that are being used in the day-to-day operation of a permitted Crop or Animal Agriculture use may be located within the exterior property area of a premise.
a. Urban Agriculture Implements, Equipment or Materials that are not being used in the day-to-day operations shall be stored within the side or rear yard, as defined by the City’s Land Development Code. These items may not be stored in front of the front plane of the principal structure or within street right-of-way.
b. Stored Urban Agriculture Implements, Equipment or Materials shall be screened from view of adjacent properties or rights-of-way with vegetation, fencing, walls, or a combination of these measures; or shall be located within an enclosed structure.
c. Alternative storage locations and screening may be approved for Urban Agriculture Implements, Equipment or Materials with the Special Use Permit for an Urban Farm.
302.12 Furniture. It shall be unlawful for any person to allow on any yard, porch (unenclosed), deck, balcony or other exterior property area of any premises, furniture, other than outdoor furniture, as that term is defined in this Chapter.
302.13 Upholstered furniture. It shall be unlawful for any person to allow on any porch (unenclosed), deck, balcony, or other exterior property area of any premises, upholstered furniture, including but not limited to upholstered chairs, upholstered couches, mattresses, or similar items. This section does not apply to outdoor furniture or to a porch (enclosed) as those terms are defined in this Chapter.
302.14 Trees, tree limbs and tree waste. No person shall allow in their yard any tree waste, or any dead or substantially dead tree (or dead or damaged tree limbs) that create a hazardous or unsafe condition.
PROPOSED REVISIONS TO CHAPTER 18 TREES, CITY CODE
(new language is shown in bold print)
ARTICLE 3. WEEDS
18-304 WEEDS TO BE REMOVED.
(A) It shall be unlawful for any owner, agent, lessee, tenant, or other person occupying or having charge or control of any premises to permit weeds to remain upon said premises or any area between the property lines of said premises and the centerline of any adjacent street or alley, including but not specifically limited to sidewalks, streets, alleys, easements, rights-of-way and all other areas, public or private. All weeds as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided.
(B) Nothing in this article shall be construed to subject trees, shrubbery, flowers, ornamental plants, crops grown as part of an Urban Agriculture use, as defined in the City Land Development Code, and properly maintained gardens to the provisions of this Article. The City shall bear no responsibility for the cutting or abatement of trees, shrubbery, flowers, ornamental plants or other vegetation which are not reasonably distinguishable at the time of abatement from other vegetation which is to be abated due to excessive growth.