COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 010616
Amending Chapter 14, Code
of Ordinances of the City of Kansas City, Missouri, by repealing Sections 14-20
through 14-28, 14-39, 14-42, and 14-51, and enacting in lieu thereof new
sections of like number and subject matter establishing licensing fees and
requirements for ferrets, and regulating the selling of reptiles.
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 14-20 through 14-28, 14-39, 14-42, and 14-51, and
enacting in lieu thereof new sections, to read as follows:
Sec. 14_20. License for
dogs and cats__Required; delinquent fee.
It shall be the
duty of every person owning, keeping or harboring in the city any dog, cat or
ferret over 120 days old to procure a license therefor from the commissioner of
revenue or his designee. The receipt issued for the license shall constitute a
certificate of registry and evidence of licensure for the keeping of such dog,
cat or ferret within the city. The commissioner of revenue may delegate
authority to the supervisor of animal control to enforce any section of this
chapter requiring licensure. A delinquent fee of $10.00 will be assessed for
any license not purchased within 60 days of the required date of licensure. No
refund will be made for licenses for animals deceased or otherwise removed from
the city during a period of licensure.
Sec. 14_21.
Same__Exception for nonresidents.
Any other section
of this chapter notwithstanding, the licensing provisions of this chapter shall
not apply to any nonresident owner or keeper of a dog or cat while such
nonresident is passing through the city, provided such dog, cat or ferret shall
remain on leash or otherwise effectively physically restrained, as in a closed
vehicle.
Sec. 14_22. Same__License
fee.
(a) 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
subsection (b) of this section, 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.
(b) The license
fee for dogs, cats and ferrets shall be as follows:
(1) Per
year, per dog, cat or ferret: $20.00.
(2) Per year, per dog, cat or
ferret, if written proof satisfactory to the commissioner of revenue that the
animal has been spayed or neutered is supplied by the applicant: $7.00.
(c) 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 of the issuing the licenses. If the costs
in issuing the licenses fall below the fees being charged, the fees shall be
reduced so that they are equal to or less than the costs of issuing the
licenses. 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.
Sec. 14_23.
Same__Licensing period.
The licensure
evidenced by the certificate of registry shall entitle an owner or keeper to
keep the licensed dog, cat or ferret in the city until April 30 next following
the date of issuance of the dog, cat or ferret license and certificate.
Beginning May 1, 1991, such licenses will be sold and due in the same month
that they were purchased the previous year.
Sec. 14_24.
Same__Certification of immunization required; proof of spaying or neutering.
Before the
commissioner of revenue issues any license or tag for a dog, cat or ferret, the
owner or keeper thereof shall file with the commissioner of revenue a
certificate from a licensed veterinarian showing that, the dog, cat or ferret
is properly immunized against rabies in accordance with Compendium of Animal
Rabies Prevention and Control issued annually by the National Association of State
Public Health Veterinarians (NASPHV). The owner will also submit satisfactory
proof, such as a certificate from a licensed veterinarian, to the commissioner
of revenue as to whether or not a dog, cat or ferret has been spayed or
neutered if it is desired to obtain a license at the lower rate applicable to
spayed or neutered animals.
Sec. 14_25. Records of
dog, cat or ferret registration.
The commissioner
of revenue shall keep a record giving the name and address of the owner or
keeper of each licensed dog, cat or ferret and the number of the certificate of
registry, together with a general description of the dog, cat or ferret.
Sec. 14_26. Issuance of
dog, cat or ferret license tags; replacement tags.
At the time of
the issuance of a dog, cat or ferret license required by this chapter, the
commissioner of revenue shall deliver therewith a license tag showing the
registration number and expiration date of the license. A replacement license
tag shall be furnished by the commissioner of revenue to any such owner or
keeper upon application satisfactory to the commissioner of revenue and payment
of $1.00. Any change in the form of license tag or tags used shall first be
approved by the commissioner of revenue as suitable for dogs or cats.
Sec. 14_27. Wearing of
license or identification tag required for dogs, cats and ferrets;
removal of collar or license tag.
(a) No owner or
keeper of any dog, cat or ferret shall allow or permit such dog, cat or ferret
to be outside the residence of the owner or keeper, at any time other than when
enclosed on all sides in a cage or covered run with a roof and bottom, without
having attached to a collar about the neck of such animal or to a secure body
harness the license tag provided for in section 14_26 or the identification tag
provided for in section 14_44, except when such dog, cat or ferret is being
handled in the course of an organized dog training or exhibition program.
(b) No person
shall remove, or cause to be removed, the collar, harness or the license tag
from any licensed dog, cat or ferret without the consent of the owner or keeper
thereof.
Sec. 14_28. Limitation on
number of dogs, cats and ferrets.
(a) After May 1,
1979, it shall be unlawful and a public nuisance for any person in charge of a
residence to keep or allow to be kept more than four dogs or four cats, or any
combination of such animals exceeding four in number, over the age of 120 days
at such residence unless the residence or all of the dogs and cats kept there
are within one or more of the following exceptions:
(1) The
residence is licensed as a commercial animal establishment.
(2) The residence is zoned
agricultural (RA) pursuant to the zoning ordinance but is not licensed as a
commercial animal establishment, in which case the number of dogs and cats kept
shall not exceed 25 over the age of 120 days.
(3) All of the dogs and cats which
were owned prior to May 1, 1979, over 120 days of age kept at the residence are
licensed as required under this chapter and the person in charge of the
residence upon the request of any city animal control officer or police officer
presents for inspection certificates of registry for all such animals showing
continuous licensure for all such animals from May 1, 1979, onward.
(4) The individual in charge of the
residence has a current domestic animal avocation permit, in which case the
number of animals shall not exceed 25 over the age of 180 days. Only one such
permit may be issued for any one residence structure, even if such residence
structure contains more than one separate residence.
(b) After May 21,
2001, it shall be unlawful and a public nuisance for any person to keep or
allow to be kept more than four ferrets unless the residence is licensed as a
commercial animal establishment or the individual in charge of the residence
has a current domestic animal avocation permit, in which case the number of
ferrets shall not exceed twenty-five (25).
(c) When animals
in excess of the limit established in subsection (a) or (b) of this section are
found at a residence, all of the animals found at the residence may be removed
to the municipal animal shelter to be handled in accordance with section 14_34,
except that the person in charge of the residence, if present, may designate
and retain up to four (4) licensed cats or dogs and four (4) licensed ferrets.
Sec. 14_39. Commercial
animal establishments generally.
(a) Standards
for operation and treatment of animals. Any person operating a commercial
animal establishment shall keep and maintain the animals, and all structures,
pens or yards, tanks, ponds or other holding areas in which the animals are
kept, in such a manner as to prevent a nuisance or health hazard to humans and
to avoid injury and illness to these animals. All holding areas must be
properly sanitized so as to keep the animals enclosed therein free of diseases.
All such animals shall be provided with a constant supply of wholesome food and
water, or, in lieu of this, the proprietor shall prominently and publicly post
and shall follow a schedule for adequate feeding and watering. A schedule shall
also be posted for cleaning and maintaining cages and other holding areas at
the facility. Any animal that is infected or diseased with an infectious agent
shall be immediately isolated in such a manner as to prevent spread of disease
to any other healthy animals, and it shall be treated immediately to prevent
further condition deterioration, or euthanized, and if the owner or keeper fails
or refuses to provide for such treatment or euthanasia the supervisor of animal
control may remove each such animal to the municipal animal shelter for
disposition as provided by this chapter. Any person operating a retail
commercial animal establishment shall not sell or offer for sale any dangerous
or prohibited animal as defined by section 14_9.
Retail commercial
animal establishments shall not sell any reptiles, offer any reptiles for sale,
or offer any reptiles as a gift or promotional consideration unless a notice
regarding the public health risks of salmonellosis from such animals and
safe-reptile handling practices is prominently posted or displayed at each
location in the establishment where the reptiles are displayed, housed or
held. Only such notices that are prepared and distributed by the Kansas City
Health Department shall be considered as in compliance with this requirement.
In addition, every patron that purchases, is given, or otherwise receives a
reptiles from a commercial retail establishment shall be given a flyer on
salmonellosis and reptiles that are prepared by the Health Department.
(b) Permit.
(1) Required;
application.
a. All commercial
animal establishments operated and located within the city must obtain a permit
from the supervisor of animal control. This permit is a prerequisite to the
issuance of an occupational license for such establishment. All permits issued
under this section must be renewed annually. Application forms therefor shall
be provided by the supervisor.
b. Permit applications
for commercial animal establishments in business prior to December 1, 1990,
must be submitted to the supervisor of animal control no later than November 1,
1991.
c. Permit applications
for commercial animal establishments commencing business on December 1, 1990,
or thereafter must be submitted to the supervisor of animal control.
d. When an application
for a permit is received, the supervisor of animal control shall issue a
receipt therefor authorizing operation on a provisional basis until an
inspection of the premises can be made and the processing of the permit
completed.
e. The date of the
issuance of the permit shall become the anniversary date of the applicant for
the purpose of annual renewal.
(2) Prerequisites
for issuance. A permit shall not be issued unless:
a. The applicant
provides the complete information requested on the application form, including
but not limited to the names of the owner and applicant, the type of business
proposed, previous business of the applicant of the same or similar nature
operated, background, qualifications and experience of the applicant or
operator, and any other information required for the supervisor to make an objective
judgment as to whether the applicant is qualified to operate the business in a
safe and humane manner.
b. The applicant
provides proof that the establishment meets zoning, building and fire code
requirements.
c. The applicant
provides an adequate written program of veterinary care outlining inoculation,
worming and other necessary care, treatment or euthanasia to prevent the
exchange, barter, sale, rental or hire of such animals which are diseased or
unfit.
(3) Inspections. Prior to authorizing
a new permit or renewing an existing permit, the supervisor will inspect the
proposed or existing business premises as to their suitability for their
intended use. Such inspection will include but shall not be limited to holding
areas, primary enclosures, waste disposal methods, food and bedding, vermin
control, heating and ventilation, and isolation facilities. All such facilities
where animals are kept are subject to comply with the needs of animals as
outlined in section 14_16. Such permit shall not be renewed unless the
supervisor of animal control finds that the permit holder has operated his or
her business in a safe and humane manner in the previous permit period.
(4) Denial or revocation; appeals.
It shall be grounds for permit revocation or denial for an owner, proprietor,
manager or employee to fail to meet the standards set forth in subsection (a)
of this section, to falsify information requested in the application, or to refuse
or deny access to any animal control officer for the purposes of inspection or
complaint investigation with reference to granting, renewing, suspending or
revoking a commercial animal establishment permit. The supervisor of animal
control shall make any denial, suspension or revocation of a permit in writing
to the applicant or permit holder, stating the reasons for such action. The
applicant or permit holder shall have ten days after receipt of such denial,
suspension or revocation in which he may appeal from such denial, suspension or
revocation to the director of neighborhood and community services, and the
director, or the director's assistant if designated, shall conduct a hearing
and make findings in such fashion that the result of such hearing may be
appealed on the record to the circuit court. Appeal by a permit holder shall
stay suspension or revocation of the permit pending final disposition of the
appeal.
Sec. 14_42. Same__ Dog,
cat and ferret bites resulting in human exposure to rabies.
It shall be the
duty of every owner or keeper of any dog, cat or ferret, upon receiving notice
or having knowledge of the involvement of his or her pet in a human exposure to
the possibility of rabies or other zoonotic disease by biting (referred to in
this section as an "incident"), to immediately place such animal in a
duly licensed veterinary medical facility, the address of which must be
furnished to the supervisor of animal control at once, or in the municipal
animal shelter, where such animal shall be isolated and confined for
observation for ten consecutive days from and including the day of the
incident. It shall be unlawful for the owner, keeper or person harboring the
animal involved in such incident to release it from his custody or to hide or
conceal such animal or to take or allow such animal to be taken beyond the
limits of the city, unless so authorized by the director of health, until the
period of confinement and observation required in this section is completed.
The owner or keeper of such animal involved in an incident shall be liable for
the cost of confinement and observation. The death or any suspicious change in
the health or behavior of any such dog, cat or ferret undergoing observation
shall be reported as soon as possible by the observing authority to the
director of health or his designate. The director of health or his designate is
hereby authorized to authorize confinement other than described in this section
as he finds medically appropriate, providing such animal will be controlled and
observed in accordance with the owner's signed agreement, but only if such dog,
cat or ferret has a current vaccination for rabies and is duly licensed as
provided by this chapter. Unless determined otherwise by the director of
health, exceptions to such confinement requirement may be granted by the
supervisor of animal control in the following cases:
(1) Where a female dog, cat or
ferret is nursing their unweaned off-spring.
(2) If the investigating officers
determines that:
a. The incident occurred
while the animal involved was confined and legally kept upon the property of
the owner;
b. The person injured
was upon the property without the express or implied consent of the owner and
was not there performing functions of a job; or
c. Other circumstances
exist which in the judgment of the supervisor create an exceptional situation.
However, if the
person injured in an incident, or his parent or guardian in the case of a
minor, desires that the animal be impounded, even though an exception to
impoundment has been granted as provided in this section, and agrees in writing
to pay for its board during the period of confinement, it shall be impounded in
the manner and for the period specified in this section, unless determined
otherwise by the director of health upon review of the facts and circumstances
of the incident.
Sec. 14_51. Penalties
generally.
(a) Any person
violating any provision of this chapter shall be deemed guilty of an ordinance
violation, and upon conviction of any such violation shall, unless another
specific penalty or specific penalty range be provided by another subsection of
this section, be punished by a fine of not less than $30.00 and not more than
$500.00, or by imprisonment in the municipal correctional institution for a
term not to exceed 180 days, or by both such fine and imprisonment.
(b) Any person
violating any of the following sections of this chapter:
(1) Section
14_20, pertaining to license requirements for dogs, cats and ferrets;
(2) Section
14_27, pertaining to wearing of license or identification tags; or
(3) Section
14_33, pertaining to dogs running at large;
shall, upon conviction, and
after the court, subsequent to such conviction, has examined any prior
conviction record to determine if the person has previously been convicted of
the same offense within the previous three years, be sentenced by the court
according to the following schedule of fines with reference to initial or
subsequent violation of the particular section within the three_year period:
First offense $
30.00
Second offense
60.00
Third offense 100.00
Fourth offense
200.00
Fifth offense
400.00
Sixth or any subsequent
offense 500.00
(c) Any person
violating any of the following sections of this chapter:
(1) Section
14_9, pertaining to dangerous and prohibited animals;
(2) Section
14_11, pertaining to abandonment;
(3) Section
14_16, pertaining to cruelty to animals;
(4) Section
14_17, pertaining to injuring and capturing animals;
(5) Section
14_28, pertaining to limitation on number of dogs and cats;
(6) Section 14_31, pertaining to
animals putting persons in fear or being maintained as public nuisances;
(7) Section
14_39, pertaining to commercial animal establishment standards;
(8) Section 14_41, pertaining to
human exposure to zoonotic diseases by animals; or
(9) Section 14_42, pertaining to
dog, cat and ferret bites resulting in human exposure to rabies;
shall, upon conviction, be
punished by a fine of not less than $250.00 and not more than $500.00, or by
imprisonment in the municipal correctional institution for a term not to exceed
180 days, or by both such fine and imprisonment.
(d) Each day's
violation of, or failure, refusal or neglect to comply with, any provision of
this chapter shall constitute a separate and distinct offense.
________________________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney