ORDINANCE NO. 091022
Amending Chapter 14, Code of
Ordinances, by repealing Section 14-33, Dogs running at large prohibited, and
enacting in lieu thereof one new section of like number and subject matter
which will allow an electric fence and electric collar to be a proper method of
physical restraint of a dog under certain conditions.
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 14, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Section 14-33, Dogs running at large prohibited, and
enacting in lieu thereof a new section of like number and subject matter, to
read as follows:
Sec. 14-33. Dogs running
at large prohibited.
(a) It
shall be unlawful for any person owning, keeping or harboring any dog to
permit, suffer or allow the dog to run at large within the city. For the
purpose of this section, any dog shall be deemed to have been permitted,
suffered or allowed by its owner, keeper or harborer to run at large when found
outside of the residence structure of the owner, keeper or harborer and not
effectively physically restrained on a chain or leash or behind a suitable
fence or other proper method of physical restraint from which it cannot escape.
(b) It
shall be unlawful for any owner, keeper or harborer of a dog to allow said dog
to be restrained in any such manner as to allow the animal to be upon the
private property of another person without that person's permission. In
duplexes, triplexes, fourplexes, townhouses, apartment buildings and all such
other residential structures where more than one party occupies a property, no
animal may be leased, chained, fenced or otherwise restrained in a
common-ground area shared by more than one tenant.
(c) A
legally blind, deaf or physically disabled person using a guide, hearing or
service dog in the customary manner shall be deemed to be in compliance with
this section.
(d) Official
use of dogs by any governmental unit shall be deemed in compliance with this
section.
(e) Any
person permitting or allowing a dog to run at large within an "off-leash
dog area" established on parks under the control and management of the
board of parks and recreation commissioners, in accordance with all rules and
regulations as may be prescribed by the board of parks and recreation
commissioners for such area, shall be deemed to be in compliance with this
section.
(f) Dogs may be
confined to the premises of the residential property of their owner, keeper or
harborer by an invisible electronic fence
or an electronic collar. An invisible
electronic fence or electronic collar is
a fence or a collar that controls the movement of a dog by
emitting an electrical shock when the animal wearing the collar nears the
boundary of the owner's, keeper's or harborer's property. The collar may
be controlled manually by a person or automatically in a predetermined
manner. Dogs confined to residential property of the owner, keeper, or
harborer, by an invisible electronic fence
or an electronic collar shall not be permitted to be closer
than 10 feet from any public sidewalk or property line that is contiguous to
neighboring property. In addition, dogs are prohibited from being
confined by an invisible electronic fence
or an electronic collar in the front yards of an owner's,
keeper's or harborer's property. No dog having been found a dangerous or
potentially dangerous dog by the animal health and public safety division shall
be confined by an invisible electronic fence
or an electronic collar. All owners,
keepers, or harborers of dogs who use an invisible electronic fence shall be required to post signs or notices that are in compliance
with any applicable zoning ordinance to clearly indicate to the public that a
dog is confined to the property by an invisible electronic fence or electronic
collar. Said notices shall be posted in such a manner as to notify the public
of the location and boundaries of any invisible electronic fence. Electronic
collars may not be used to control a dog when it is off its owner's, keeper's
or harborer's property.
In order to comply with this
section, any invisible electronic fence or electronic collar must be approved
by the animal health and public safety division. In order to obtain approval,
the owner, keeper, or harborer must submit for approval the following
information prior to installation:
(1) The
name of the owner, keeper, or harborer;
(2) Identification
of all animals to be restrained by said invisible electronic fence or
electronic collar; and
(3) A
diagram reflecting the location of any invisible electronic fence and
appropriate signage.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant City Attorney