Section
3-3-1-1. Definitions
3-3-1-2. Domestic farm animals prohibited; exceptions
3-3-1-3. Wild animals prohibited
3-3-1-4. Vicious animals
3-3-1-5. [Reserved]
3-3-1-6. Animals running at large prohibited
3-3-1-7. Impounding of animals
3-3-1-8. Dogs and cats in heat
3-3-1-9. Animals creating a nuisance
3-3-1-10. Disposal of impounded animals
3-3-1-11. Hunting, trapping or killing wild animals prohibited
3-3-1-12. Disposal of dead animals
3-3-1-13. Dogs and cats; licenses required
3-3-1-14. Rabies vaccination
3-3-1-15. Offensive conditions of confinement prohibited
3-3-1-16. Cruelty to animals prohibited; penalty
3-3-1-17. Awarding live animals as prizes
3-3-1-18. Humane treatment required
3-3-1-19. Enticing animals to fight
3-3-1-20. Animals in vehicles
3-3-1-21. Enticing animals
3-3-1-22. City-owned live traps
3-3-1-23. Destruction of wounded or dangerous animals
3-3-1-24. Report of vehicular collision with domestic animal
3-3-1-25. Animal shelter; establishment and funding
3-3-1-26. Prohibition of animal waste and litter
3-3-1-27. Penalties
3-3-1-28. Fees and charges; impounding and maintenance
3-3-1-29. Kennels, pet shops and stable registrations required
3-3-1-30. Kennels, pet shops and stables; annual inspection; registration term; renewal
3-3-1-31. Requirements for kennels, pet shops and stables
3-3-1-32. Trap-neuter-return program for free-roaming cats
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(A) ANIMAL. Any species of bird, mammal, amphibian, reptile, crustacean, mollusk or fish.
(B) DOMESTIC FARM ANIMAL. All animals except for dogs and cats maintained as family pets and birds maintained exclusively within the confines of any residence as household pets.
(C) KENNEL. A facility operated or maintained principally for the purpose of boarding, housing, grooming, breeding or training dogs or cats, or both; a KENNEL, for purposes of this chapter, shall include a facility in or adjoining a private residence where more than five dogs are kept for the hobby of the householder or using them for hunting, practice tracking, exhibiting in shows or field or obedience trials or for the guarding or protecting of the householder’s property.
(D) OWN. To keep, harbor or have custody, charge or control of an animal. OWNER means and includes any person who owns an animal; however, veterinarians and operators of kennels, pet shops and stables, who temporarily keep animals owned by or held for sale to other persons shall not be deemed to OWN or be OWNERS of such animals, but rather to be keepers of animals, and colony caretakers of managed colonies of free-roaming cats shall not be deemed to be owners or keepers of such animals.
(E) PET SHOP. A facility operated commercially and principally for the purpose of selling animals which, in the hands of their immediate purchasers, will be pets.
(F) STABLE. A facility operated commercially and principally for the purpose of lodging and feeding domestic animals.
(G) VICIOUS DOG. A dog which by its behavior, disposition and/or conduct has a known or reasonably foreseeable aggressive nature or a tendency to vicious conduct.
(H) WILD ANIMAL. Any animal which normally lives free in nature and which is not commonly domesticated, including, but not limited to, any animal not caged, in an aquarium or domesticated.
(A) Except as provided in divisions (B), (C), (D) and (E) below, it shall be unlawful for any person to own or harbor upon his or her premises or within the corporate limits of the City of Lawrence any cattle, swine, horses, ponies, poultry, rabbit or other domestic farm animal. The keeping of the animals is hereby found and determined to be a public nuisance and a menace to the health, safety and welfare of the City of Lawrence.
(B) Any domestic farm animals may be kept within Lawrence if the property on which the animals are kept is zoned to permit agricultural use or the agricultural use qualifies as a lawfully established pre-existing nonconforming use.
(C) On property which is zoned for residential use or which by variance or by pre-existing nonconforming use is lawfully used for residential purposes, persons residing on the property may keep and maintain for their personal use and enjoyment one or more horses or ponies as more specifically provided herein. The keeping of any horses and ponies shall be limited to property which contains a minimum of two contiguous acres, and no horse or pony, its pasture, barn, stable or other facility, including the indoor or outdoor storage of hay and feed, equipment and manure, may be nearer than 50 feet to any adjoining property line nor nearer than 100 feet to any structure located on other property. Pursuant to the exception and limitations provided herein, a resident may keep and maintain for his or her personal use and enjoyment one horse or pony for each acre of contiguous real estate which comprises the residential unit. No horses or ponies may be boarded on the property nor kept or maintained on the property for breeding, training, rental or other commercial purposes.
(D) On property which is zoned for residential use or which by variance or by pre-existing nonconforming use is lawfully used for residential purposes, persons residing on the property may keep solely as domestic household pets up to six adult rabbits as more specifically provided herein. The keeping of any rabbits shall be limited to single-family residential units, and no rabbits or their outdoor hutches, cages, runs or other enclosures may be nearer than ten feet to any adjoining property line nor nearer than 40 feet to any residence structure located on other property. No rabbits may be kept or raised for breeding, for commercial or sale purposes or for any other purpose other than as domestic household pets for the benefit and enjoyment of the person or persons residing on the property. All the rabbits and their hutches, cages, runs or other enclosures shall be placed, kept and maintained in a way so as to provide proper, humane and protective care for the rabbits and to prevent the presence of the rabbits on the property from interfering with or constituting a nuisance to any person or persons.
(E) On property which is zoned for residential use or which by variance or by pre-existing nonconforming use is lawfully used for residential purposes and is a minimum of 1/4 acre, persons residing on the property who have obtained the proper permit (see division (2) below) may keep, solely for the purpose of producing eggs for personal consumption or donation, up to six female chickens whose wings are clipped and are kept in adequate shelter.
(1) ADEQUATE SHELTER for the purposes of this section shall be defined as a coop which has a minimum square footage of three square feet per chicken; this coop is to be within a pen which has a minimum five foot high fence and an open run space of ten square feet per chicken. The coop must be a minimum of 15 feet from any adjacent neighbor's property line. For purposes of this section, a fence on the perimeter of the property may serve as the pen.
(2) An annual permit must be obtained through the Department of Public Works of the City of Lawrence; said initial permit shall cost $75 and shall require the notarized written consent of all adjacent property owners. Subsequent permits shall cost $50; each renewal may be accomplished by an inspection by a city code enforcement or animal control official. Permits are granted to the property owner and do not run with the property.
(F) The exceptions noted in divisions (C), (D) and (E) above shall not be construed to supersede any more restrictive covenants as laid out by a homeowners’ association.
(Am. Ord. 10, 2014, passed 8-20-2014; Am. Ord. 9, 2015, passed 7-15-2015) Penalty, see § 3-3-1-27
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