ORDINANCE NO. 060775, AS AMENDED

Amending Chapter 14, Code of Ordinances, by repealing Sections 14-5, 14-11, 14-22, 14-23, 14-52 and 14-53, relating to the impoundment, abandonment and licensing of animals, dogs running at large and animal health and public safety fees and enacting in lieu thereof seven new sections of like number and subject matter.

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 Sections 14-5, 14-11, 14-22, 14-23, 14-52 and 14-53, relating to the impoundment, abandonment and licensing of animals, dogs running at large and animal health and public safety fees, and enacting in lieu thereof seven new sections of like number and subject matter to read as follows:

Sec. 14-5. Impoundment generally; violation notice in lieu of impoundment;

redemption of impounded animals.

(a)   Any unrestrained dog or any animal defined as a public nuisance by this chapter may be taken by the police or supervisor of animal health and public safety and impounded in the animal shelter or at a designated holding place and be there confined in a humane manner pending further action pursuant to this chapter or other law. If an owner or keeper is present, in lieu of impoundment a general ordinance summons may be issued to that person and such person may retain possession of the animal if it is the belief of the officer issuing such summons that such possession is not in conflict with any other section of this chapter.

(b)   Whenever any animal is confined by authority of this chapter, it shall be the duty of the supervisor of animal health and public safety to release the animal upon satisfactory proof that the party claiming the animal is entitled to possession thereof and upon payment to the city treasurer of all applicable fees prescribed by section 14-35 and the fee for any license that may be required by this chapter. However, if an animal is deemed to be vicious or a danger to the public health and safety, the supervisor of animal health and public safety may retain such animal and refuse redemption or sale of such animal, and dispose of such animal in a humane fashion.

(c)   In addition, if the supervisor has evidence which indicates that a person has abused or neglected the animal or has been convicted of animal abuse or severe neglect, or more than three other animal violations, within a five-year period, the supervisor may refuse to redeem a pet to such a person based on his or her being an unfit owner.

(d) The supervisor of animal health and public safety shall humanely euthanize any impounded animal if it is determined by a licensed veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose.

(e) The owner or custodian or any person claiming an interest in any animal that has been impounded in accordance with this chapter may prevent disposition of the animal by posting bond or security in an amount sufficient to provide for the animal's care and keeping for at least thirty days, inclusive of the date on which the animal was taken into custody. Notwithstanding the fact that bond may be posted pursuant to this subsection, the animal control supervisor may humanely dispose of the animal at the end of the time for which expenses are covered by the bond or security, unless there is a court order prohibiting such disposition. The supervisor of animal health and public safety shall give notice of the provisions of this section by posting a copy of this section at the place where the animal was taken into custody or by delivering it to a person residing on the property.

Sec. 14-11. Abandonment.

(a) It shall be unlawful for any owner or keeper to abandon any animal.

(b) For the purpose of this section, the term "to abandon" includes but is not limited to any instance where the owner or keeper leaves an animal without demonstrated or apparent intent to recover or to resume custody; or leaves an animal for more than 12 hours without providing for adequate food, water and shelter for the duration of the absence; or turns out or releases an animal; or dumps or releases an animal from a vehicle.

(c) For the purpose of this section, the term "to abandon" includes the failure to redeem an impounded animal from the animal health and public safety shelter prior to the expiration of the time limits established by section 14-34 for the disposition of animals. The provisions of this subsection shall not apply to any failure to redeem an animal that has, prior to the expiration of the time limits established by Section 14-34 for the disposition of animals, been destroyed, or not been redeemed to the owner or keeper because of a refusal by animal health and public safety to redeem, or been surrendered to the custody of animal health and public safety pursuant to a release executed by the owner or keeper within twenty-four hours of such owner or keeper receiving notice of the impoundment.

Sec. 14-22. Same--License fee.

Every owner or keeper shall for each dog, cat or ferret owned or kept license such animal for a period of either one year or three years. For the issuance of each dog, cat and ferret license required by this chapter, the owner or keeper shall pay to the city such license fee as is provided for in section 14-52, except that, when any such owner, keeper or other applicant for such license shall submit such proof as may be required by the commissioner of revenue that a dog is fully trained as a guide dog or a hearing dog and is regularly used in the service of a blind or deaf person, or that a dog is fully trained as a service dog, as defined in RSMo 209.150(4), for physically disabled persons, or that a dog is owned by a governmental unit, then such license shall be issued without the payment of such fee

Sec. 14-23. Same--Licensing period.

The license required pursuant to this chapter shall be sold and due in the same month that such license was purchased in the previous one-year or three-year licensing period. The license tag shall indicate the year when the license expires.

Sec. 14-52. Schedule of user fees.

The schedule of user fees authorized by this chapter is as follows:

(1) Pet licenses:

a.  One-year licensing period for a spayed or neutered pet (if written proof that the animal has been spayed or neutered is supplied by the applicant) . . . $ 7.00

b.  One-year licensing period for a pet not spayed or neutered . . . $30.00

c. Three-year licensing period for a spayed or neutered pet (if written proof that the animal has been spayed or neutered is supplied by the applicant) . . . $ 18.00

d. Three-year licensing period for a pet not spayed or neutered . . . $90.00

e.  Late registration fee . . . 25.00

f.  Replacement tags . . . 5.00

g.  Guard dog tags . . . 5.00

h.   Potentially dangerous dog . . . 100.00

Annual renewal . . . 50.00

i.   Dangerous dog . . . 250.00

Annual renewal . . . 50.00

(2)  Permits:

a.  Animal show permit . . . 100.00

b.  Domestic animal avocation permit . . . 100.00

1.  Delinquent roster . . . 10.00

2.  Tag for each animal on roster . . . 5.00

c.  Commercial animal establishment . . . 100.00

d.  Domestic animal rescue kennel and rescue cattery permit . . . 100.00

(3)  Shelter fees:

a. Impound fee for a spayed or neutered animal . . . 25.00

b. Impound fee for an animal not spayed or neutered . . . 50.00

c.  Daily charge, small animal . . . 10.00

d.  Daily charge, livestock, large animal . . . 25.00

e.  Rabies vaccination . . . 12.00

f.  Impound fee for potentially dangerous dog or dangerous dog . . . 50.00

g.  Daily charge for potentially dangerous dog or dangerous dog . . . 20.00

h. Drop-off fee for an animal brought to and given over to the custody of animal health and public safety by someone not requesting euthanization . . . 10.00

i. Drop-off fee for an animal brought to and given over to the custody of animal health and public safety by someone requesting euthanization . . . 25.00

j. Drop-off fee for an animal brought to and given over to the custody of animal health and public safety by a commercial animal removal service registered with the supervisor of animal health and public safety . . . 25.00

(4)  Dead animal disposal:

a.  Picked up at site . . . 25.00

b.  Received at animal shelter . . . 15.00

c.  Large animal . . . cost of removal

(5)  Adoption fees:

a.  Dogs . . . 80.00

b.  Cats . . . 65.00

(6)  The city manager shall have authority annually to adjust the fees listed above to reflect an increase equal to an increase in the consumer price index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics, provided that the increases are reflective of the costs involved. If costs fall below the fees being charged, the fees shall be reduced so that they are equal to or less than the costs. The adjustments shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

(7)  All fees imposed by this section are owed the city when due and may be recovered by the city as any other debt is recoverable.

(8) Only commercial animal removal services that are registered with the supervisor of animal health and public safety shall be allowed to deliver animals into the custody of animal health and public safety. The supervisor of animal health and public safety shall charge a $100.00 administrative fee for registering an animal removal service. An animal removal service is a person, corporation or business entity engaged in a commercial activity that includes the removal of animals from the property of its customers.

Sec. 14-53. Issuance of pet license tags by persons, corporations and veterinarians.

(a)   The director of neighborhood and community services may authorize, pursuant to application in a form and manner approved by the director, the issuance of pet license tags and the collection of user fees owed the city for licensure, by persons, corporations and veterinarians. Persons, corporations and veterinarians may be authorized to issue tags and collect fees pursuant to this section regardless of whether they are located inside or outside the territorial jurisdiction of the city.

(b)   Authority to issue pet license tags under this section is limited only to such tags for which a user fee is collectible pursuant to section 14-52 of this chapter.

(c)   Any person, corporation or veterinarian issuing a pet license tag pursuant to this section shall collect the user fee specified in section 14-52 of this chapter and, in addition to the user fee, shall also collect a two dollar ($2.00) handling fee to recover the cost incurred by the person, corporation or veterinarian in issuing the tag. No monies in excess of the user fee and handling fee shall be collected for issuing a pet license tag.

(d)   All user fees collected pursuant to this section shall be forwarded to the director of finance in a form and manner approved by such director.

(e)   Persons, corporations and veterinarians issuing pet license tags pursuant to this section shall keep records of all license tag transactions and such records shall be made available upon request to the director of neighborhood and community services or the city auditor or the designee of the director or auditor.

(f)   All veterinarians doing business in the city, regardless of whether they are authorized to issue pet license tags pursuant to this section, shall provide to each person obtaining a rabies vaccination such information regarding pet licensing requirements, fees, and methods of registration as may be provided to said veterinarians by the director of neighborhood and community services or his/her designee. Intentional failure to do so shall constitute a violation of this chapter and shall subject the violator to the penalties set forth in section 14-51(b).

(g)   The director of neighborhood and community services shall promulgate rules and regulations necessary to carry out the provisions of this section.

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Approved as to form and legality:

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Alan L. Holtkamp

Assistant City Attorney