The Policy and Finance Committee on July 8 heard a briefing from the city attorney on the city’s current rules for backyard poultry and discussed options ranging from a limited acreage allowance to an outright ban on roosters following neighbor complaints about noise and free‑roaming birds.
City Attorney Amanda told the committee that roosters are currently permitted inside Topeka city limits but that the municipal code includes provisions that can apply to poultry: it is unlawful to keep domestic poultry within 50 feet of a dwelling other than the owner’s, and it is unlawful to keep animals that “cause frequent or long continued noise that disrupts the comfort or repose of any person in the vicinity.” Amanda summarized how some Kansas cities permit hens while banning roosters, and that other cities (Overland Park, Ottawa) allow roosters only on parcels of three acres or more. She also recounted an Ottawa case and subsequent settlement that led Ottawa to refine its agriculture and chicken‑keeping rules.
Resident Dave told the committee that roosters in his neighborhood crowed as early as 3 a.m. and described a recording he said captured repeated crowing near his bedroom window. “Keeping roosters contributes nothing to the quality of life for 99% of the residents of the city,” he said, and described difficulties with repeated municipal enforcement that he said can take months and multiple citations to resolve.
Code enforcement staff said the city currently has no numerical limit on the number of chickens on a lot and that complaints are typically handled by an “eye test” and follow‑up by officers; free‑range birds that roam neighbors’ yards can create additional problems. Committee members discussed options including a straight ban inside city limits, an acreage threshold (3 acres or larger) to allow roosters, language to prohibit free‑range chickens, and possible numeric limits on flock size.
Outcome: staff asked for direction and will draft proposed ordinance language for the committee’s consideration. Committee members expressed interest in drafting either a clear acreage exemption (three acres) or a full ban; Chair and members also asked staff to consult animal control and code enforcement before returning with proposed language.
Why it matters: complaints about persistent early‑morning rooster noise, free‑roaming birds, and enforcement burdens led residents to request a clearer, enforceable city rule. Any ordinance change would affect backyard poultry owners and neighborhoods where small livestock are kept within city limits.
Next steps: staff will prepare draft ordinance options that could include an outright rooster ban within city limits, a minimum lot size exemption (for example, three acres), limits on free‑range chickens and potential numeric limits on flock size, and will return to the committee for review; no ordinance change was adopted at the July 8 meeting.