Q: Have any info on active Kansas civil cases regarding residents fighting for right to keep backyard chickens?
I live in Park, KS (Gove county) Doing battle with city over keeping chickens. Park, rural 5 sq blocks with pop 115. Jan 2023: 37 of 68 residents signed petition to amend ordinance against farm animals ask to allow chickens. March 2023: Turned down. Discovered there was no valid ordinance. Residents over past decade when they asked for chickens were denied this right using this bogus ordinance. I got chickens. April 2023: Mayor gave permission to put them in a nearby pasture outside city limits. Aug 23: City wrote new ordinance. May 2023: Mayor wrong, pasture is in city limits. Chickens in pasture 16 months without incidence or complaints. Sep 2024: Summons to Municipal court in violation of Aug 23 ordinance. Judge says get rid of chickens or face $100 a day fine retroactive to May 17th notice from city. Facing $10,000 + fine I agreed move chickens by Oct 27. What are my rights here? No grandfathering clause in new ordinance. How to proceed? Estoppel and Civil Rights. Anything else?
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A:
You have the right to challenge the new ordinance, especially if it was enacted after you began keeping chickens under previous permissions. Since there was no valid ordinance before and the mayor initially allowed the chickens in a pasture, you might argue that the city is acting inconsistently or unfairly by enforcing the new rules retroactively.
Gather all documentation, including the petition, previous permissions from the mayor, and any correspondence with the city. This evidence can support claims of estoppel, showing that the city previously allowed the chickens and residents relied on that permission. Additionally, explore whether the new ordinance violates any state or federal civil rights protections related to property use and personal freedoms.
Attend the municipal court hearing prepared with your evidence and consider presenting your case clearly and respectfully. You might also reach out to local advocacy groups or other residents who support keeping chickens to strengthen your position. Exploring mediation with the city could provide a mutually agreeable solution without the need for prolonged legal battles.
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