new city ordinances in small town (attorney, gated, living) - Kansas (KS) - City-Data Forum

jerily · 07-14-2009, 11:48 AM

The small (nonfunctional) town I live in has just passed a couple city ordinances ( they want to keep everyone's lawn a certain length). What is the law regarding how it's inforced? Like if they decided no animals other than dogs and cats and I just bought a new flock of chickens and milk goats (I have 1 1/2 acres and that is why I moved here was to have a rural livestyle!) they can't require I just get rid of them if the ordinance wasn't here when I moved in!? Plus in a place like this couldn't someone from the state govenors office come in and declare the mayor and friends incompetent and appoint someone who is competent as mayor if there is someone (who's competent) here? How would someone go about making that happen? ANY HELP would be appreciated!!!!

j_k_k · 07-14-2009, 12:34 PM

Quote:

Originally Posted by jerily

The small (nonfunctional) town I live in has just passed a couple city ordinances ( they want to keep everyone's lawn a certain length). What is the law regarding how it's inforced? Like if they decided no animals other than dogs and cats and I just bought a new flock of chickens and milk goats (I have 1 1/2 acres and that is why I moved here was to have a rural livestyle!) they can't require I just get rid of them if the ordinance wasn't here when I moved in!? Plus in a place like this couldn't someone from the state govenors office come in and declare the mayor and friends incompetent and appoint someone who is competent as mayor if there is someone (who's competent) here? How would someone go about making that happen? ANY HELP would be appreciated!!!!

Unfortunately, it doesn't work that way. If Dogpatch has bad government, and Dogpatch allows it, then you're hosed. I would move away from Dogpatch and let it stew in its own inbred juices. If you're new there, you can't win.

jerily · 07-14-2009, 01:14 PM

If not everyone in Dogpatch allows it's just most of the residents are incompetent...I still think the constitution allows for it. It would obviously be for the best of the community. I'm disabled not a natural resident here and the mayor and city council would be considered incompetent by anyone (but themselves) I think there's another nonincompetent person here and we don't deserve this! If someone knows how to go about let me know, don't just tell me it doesn't work that way!

jerily · 07-16-2009, 05:38 AM

I've heard of the "grandfather clause" where animals that are there when the ordinance is passed are excluded. Does that normally apply or how does it work? I read that it is sometimes attached to a new ordinance so was wondering if always applies in some situations anyway or what?

quesera · 07-16-2009, 08:26 AM

I think (I may be wrong) that there isn't an assumed, or automatic "grandfather clause" anywhere. It has to be written into the new ordinance, allowing specific exceptions to new city laws.

AnywhereElse · 07-16-2009, 02:06 PM

I agree with j_k_k for the most part. You'll have a rough road ahead. I have warned people that these "friendly" little towns are only friendly if you were born and bred there. I don't know what town you are from so can't help too much there but if you pm me, I'll do a little more research. You want to go to the website for the Kansas Attorney General's office and look around there and you can also call or email them with your questions as they have someone there that looks at the cities. Yes, generally they do "grandfather" as they outlawed pitbulls (mixes) and anyone that had one at the time had to follow a bunch of rules and couldn't replace the dog once it died with another pit. Never believe the info from the local officials check with the State. Today I found our Code at Municipal Code Corporation and some of the other cities were there - other states too but not all join but it is a great way to get the information online. We, too, are annoyed by all the bull that goes on here but as more and more people move in from other areas, well, the tide is turning. Good Luck.

silverhaired51 · 07-20-2009, 08:56 AM

For the most part if someone has livestock, or animals that are included in a ordinances are grandfathered in. Your town is no different on that. And as for the governors office and coming in to declare the mayor, council, and or city manager incompetent I don't think that would happen. For the most part small towns are different in some ways but also the same as a larger town or city, they can be friendly or not, they have the same laws, the same rules, to follow as to goverment. If you don't like it then leave. I live in a small town, it is friendly, it welcomes people, it also has some that are not happy with the way things go, and never will be. I think that you are asking for alot.

AnywhereElse · 07-21-2009, 02:22 PM

A typical response is if you don't like it leave but it does not have to be that way. Many of the laws and rules don't apply to everyone in these smaller towns so do your research and these towns often have less than the most intelligent or law abiding people running the town.

Jaybee · 07-21-2009, 03:51 PM

You'll need to check your city's zoning and/or animal ordinances to see whether the critters warrant any "grandfathered" status. Suggest looking to see if the zoning ordinance contains a "Non-conforming use" section that describes how pre-existing uses will be addressed. In many cases, lawful uses occuring prior to enactment of ordinances are allowed to continue. However, those uses may be limited to fixed "building" uses and not living animals. There also may be a "sunsetting" element to the non-conforming status-that ends the legal use after a term of years or when the use is somehow discontinued.

As a City Planner I understand both "pro" and "anti" animal positions. It has a lot to do with community goals and perspectives. You picture the community as semi-rural while others; apparently those "in charge" see the City transitioning to a more urban environment-where livestock, and the associated odors, dust, flies and noise are incompatible and unwelcome.

Good Luck.

CptnRn · 07-21-2009, 06:07 PM

I suggest you speak to an attorney. At the very least they may be taking part of your property rights away and at the very least would have to compensate you for your loss. If you have to relocate because of the ordinance changes it would seem that those costs would be damages they would be obligated to compensate you for.