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(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