City of Topeka Fowl Ordinance

[purposefuldoula]

Hi guys! We've been keeping chickens for over a year now without problem here in Topeka, KS. The ordinance stated that there must be 50ft between their coop and any neighboring dwelling. I live on a very small lot and knew before hand that I would need to get permission from my neighbors to keep them, both as a common curtesy and if I ever needed to defend my choice to keep a city flock. Yesterday we had some saint bernards loose that were in my back yard trying to get to them. (A few weeks ago, they did get one, sadly.) So, I called animal control to come get the loose dogs and she notices that the coop is not in compliance with the code. She tells my husband that we either have to move the coop or get rid of the chickens. There is no other spot for them. Any which way I move the coop, it will be closer to one house or the other. I have talked to both neighbors in the past 24 hours and they are both supportive of the flock and are willing to stand behind me if I need them to. I have also sent all of my emails to my district counsel woman; waiting to hear back from her. I am wondering if it would be wise to call them a shared flock with my neighbors? There is nothing in the writing that states anything either way about a shared flock. Has anyone dealt with a similar situation? How would I go about changing the ordinance? The at least 50 ft rule is pretty restrictive, as there are multiple city lots that do not have 50 ft anywhere in their yards to the nearing neighbor houses.
Thanks for reading!
-Natalie

 

[purposefuldoula]

Here is a the city code taken from their website.

Chapter 6.40
FOWL​

Sections:
6.40.010 Keeping of domestic fowl regulated.
6.40.020 Running at large prohibited.
6.40.030 Destruction of birds and bird’s nests prohibited – Exceptions.
6.40.010 Keeping of domestic fowl regulated.

It shall be unlawful for any person to keep or maintain any domestic fowl upon any private premises in the city (when such keeping is lawful under other ordinances of the city) within 50 feet of any dwelling other than that of the owner or tenant of the premises on which such fowl are kept or maintained, or to keep or maintain such fowl at any time on any premises in a manner or condition constituting a public nuisance. (Code 1981 § 8-144. Code 1995 § 18-291.)
6.40.020 Running at large prohibited.

It shall be unlawful for any person to allow or permit domestic fowl to run or be at large at any time in the city. For the purpose of this section, the term “at large” shall be defined to include those times during which any domestic fowl shall not be confined or kept in pens sufficiently strong or constructed to keep such fowl on the premises of their owner or keeper. (Code 1981 § 8-145. Code 1995 § 18-292.)
6.40.030 Destruction of birds and bird’s nests prohibited – Exceptions.

It shall be unlawful for any person to shoot, kill, maim or injure in any manner any bird or fowl of the air in the city, or to destroy the nest of any such bird or fowl, except that:
(a) English sparrows and starlings or the nests thereof may be destroyed at any time by any person or approved pest control firm or company when such destruction may be done without the use of firearms or other weapons or devices;
(b) Pigeons or other birds of the air that have become public nuisances by reason of their nesting or roosting on any private premises in the city may, upon complaint to the environmental code services division, be destroyed by an approved pest control firm or company under the conditions of the permit issued by the environmental code services division. (Ord. 17076 § 2, 1-28-97; Code 1981 § 8-146. Code 1995 § 18-293.)