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.
___________________________________________________
Approved
as to form and legality:
________________________________
Alan
L. Holtkamp
Assistant City Attorney