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.

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Approved as to form and legality:

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Assistant City Attorney