KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 040268 Introduction Date: 3/11/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 14, Code of Ordinances, by repealing Section 14-29, Dangerous dogs, and enacting in lieu thereof one new section of like number and subject matter pertaining to animals.

Legislation History
DateMinutesDescription
3/11/2004

Prepare to Introduce

3/11/2004

Referred Neighborhood Development and Housing Committee

3/24/2004

Do Pass

3/25/2004

Assigned to Third Read Calendar

4/1/2004

Passed


View Attachments
FileTypeSizeDescription
No attachment(s) found

Printer Friendly Version

ORDINANCE NO. 040268

 

Amending Chapter 14, Code of Ordinances, by repealing Section 14-29, Dangerous dogs, and enacting in lieu thereof one new section of like number and subject matter pertaining to animals.

 

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 14-29, Dangerous dogs, and enacting in lieu thereof one new section of like number and subject matter, to read as follows:

 

Sec. 14-29. Dangerous dogs.

(a) Registration and licensure of potentially dangerous dogs and dangerous dogs.

 

(1) Registration and licensure required. Other than when using a dog as a guard dog or when a commissioned officer is using a dog for law enforcement or when a dog is being held in quarantine pursuant to law by a licensed veterinarian, no person shall own, keep, harbor or allow to be upon any premises occupied by him or her or under his or her charge or control a potentially dangerous dog or dangerous dog without first having obtained a certificate of registration and a license within thirty days of the date of declaration provided for by this section.

 

(2) Issuance of certificate of registration. A certificate of registration for a potentially dangerous dog and a dangerous dog shall be issued by the city upon a showing of compliance with the following:

 

a. Enclosure. Placement of a proper enclosure on the owners or keepers property to confine the dog; and,

 

b. Notice. A conspicuous notice, which shall be at least two feet by three feet, posted at the place of confinement stating either "Potentially Dangerous Dog" or "Dangerous Dog," in at least two-inch block letters, so as to warn the public of the nature of the dog therein confined; and,

 

c. Insurance. For a potentially dangerous dog, a surety bond issued by a surety company authorized to do business in the state in a sum of not less than $100,000 payable to a person injured by the dog or a policy of liability insurance issued by an insurer authorized to do business in the state in an amount not less than $100,000 insuring the owner or keeper for personal injuries inflicted by the dog; or, for a dangerous dog, a surety bond issued by a surety company authorized to do business in the state in a sum of not less than $250,000 payable to a person injured by the dog or a policy of liability insurance issued by an insurer authorized to do business in the state in an amount not less than $250,000 insuring the owner or keeper for personal injuries inflicted by the dog. An insurance policy issued to satisfy the insurance requirements of this section shall provide for written notice to the city within thirty days of cancellation, reduction of limits, or termination of coverage; and

 

d. Microchip. That a microchip has been placed into the dog by Animal Control for the purpose of registering such dog with Animal Control. The microchip


shall contain the owners, keepers or harborers Animal Control generated and assigned dangerous dog registration number and such other information as required pursuant to the rules and regulations of Animal Control. Animal Control shall keep records of the microchip placement and of the registration number.

 

(3) Declaration. The supervisor of animal control may declare an animal a potentially dangerous dog or a dangerous dog if the supervisor has probable cause to believe that the animal falls within the definition set forth in this chapter.

 

a. Probable cause to declare. For the purposes of this section, probable cause includes:

 

1. A prior court conviction that indicates the dog has acted in a manner causing it to fall within the definition of a potentially dangerous dog or a dangerous dog; or

 

2. A dog bite report filed with the supervisor of animal control; or

 

3. Actions of the dog witnessed by any animal control officer or law enforcement officer; or

 

4. A verified report that the animal previously has been found to be either a potentially dangerous dog or a dangerous dog by any animal control authority; or

 

5. Other substantial evidence admissible in a court of law.

 

b. Service of declaration. The declaration shall be in writing, and shall be served on the owner or keeper either by Regular United States mail to the owners, keepers or harborers last known address or by personal service.

 

c. Contents of declaration. The declaration shall state at least:

 

1. A description of the animal; and,

 

2. The name and address of the owner, keeper or harborer of the animal, if known; and,

 

3. The whereabouts of the animal if it is not in the custody of the owner, keeper or harborer; and,

 

4. The facts upon which the declaration is based; and,

 

5. The availability of a hearing in case the person objects to the declaration, if a request is made in writing within five days of the date of receipt of the declaration; and,

 

6. The restrictions placed on the animal as a result of the declaration; and

 

7. The penalties for violation of the restrictions, including the possibility of the destruction of the animal, and imprisonment or fining of the owner, keeper or harborer.

 

c. Appeal of declaration. The owner, keeper or harborer may, within five days of receipt of the declaration, request a hearing before the director of neighborhood and community services. Following the directors decision pursuant to this subsection, the owner, keeper or harborer shall be considered to have exhausted such owners, keepers or harborers administrative appeal. If the director finds that there is insufficient evidence to support the declaration, it shall be rescinded, and the restrictions imposed thereby annulled. If the director finds sufficient evidence to support the declaration then it shall be affirmed.

 

d. Impoundment pending appeal. Following the service of a declaration of a potentially dangerous or a dangerous dog, and pending appeal pursuant to this subsection, the supervisor of animal control may, if circumstances require, impound the animal at the owners, keepers or harborers expense, pursuant to the provisions of this chapter, until the director of neighborhood and community services orders either its redemption or destruction.

 

(4) Licensure. The owner, keeper or harborer of a potentially dangerous dog or a dangerous dog shall obtain a license from the supervisor of animal control for any such dog.

 

a. Licensure fees. The owner, keeper or harborer shall pay the fee for such potentially dangerous dog or dangerous dog license in the amount set forth in this subsection. In addition, the owner, keeper or harborer of such dog shall pay an annual renewal fee for such license in the amount set forth in this subsection. Annual renewal of any license shall be conditioned on compliance with the requirements of this chapter. The supervisor of animal control is authorized to pro rate the license fee for the remainder of the first year during which an animal becomes subject to the registration requirements of this subsection.

 

b. Licensure information. The owner, keeper or harborer of a dog that is subject to a potentially dangerous dog or dangerous dog license shall furnish the following information along with the appropriate license fee:

 

1. The animals age, weight, coloring, breed, and any other special identifying characteristics; and,

 

2. Two 35 color photographs of the animal; and,

 

3. Proof of current rabies vaccination for the animal; and,

 

4. For potentially dangerous dogs, a certification under penalty of perjury that the animal has not been previously found to be a potentially dangerous or dangerous dog; or, for dangerous dogs, a certification under penalty of perjury that the animal has not been removed from another jurisdiction to avoid any penalties arising from the animals previous status.

 

c. Fee amounts. The license fee for each potentially dangerous dog to be licensed pursuant to this subsection is $100.00. The annual renewal fee for each potentially dangerous dog licensed pursuant to this subsection is $50.00. The license fee for each dangerous dog to be licensed pursuant to this subsection is $250.00. The annual renewal fee for each dangerous dog licensed pursuant to this subsection is $50.00.

 

(b) Violations, impoundment and exemptions for potentially dangerous dogs and dangerous dogs.

 

(1) Confinement and posting, violation. An owner, keeper or harborer of a potentially dangerous dog or a dangerous dog who fails to comply with the requirements of this subsection related to confinement in a proper enclosure or posting of warning notices shall be guilty of a violation of this chapter.

 

(2) Noncompliance violation, potentially dangerous dog. An owner, keeper or harborer of a potentially dangerous dog who fails to obtain a license and certificate of registration, or renewal, for such dog as required in this subsection shall be guilty of a violation of this chapter; provided, however, that no prosecution shall be commenced until five days have elapsed from the date such owner, keeper or harborer is notified by the supervisor of animal control that such license or renewal for such potentially dangerous dog is required, or until any appeal has been completed, whichever is later.

 

(3) Noncompliance violation, dangerous dog. An owner, keeper or harborer of a dangerous dog who fails to obtain a license and certificate of registration, or renewal, for such dog as required in this subsection shall be guilty of a violation of this chapter; provided, however, that no prosecution shall be commenced until five days have elapsed from the date such owner, keeper or harborer is notified by the supervisor of animal control that such license or renewal for such dangerous dog is required, or until any appeal has been completed, whichever is later.

 

(4) Restraint and muzzling, violation. An owner, keeper or harborer of a potentially dangerous dog or a dangerous dog shall not allow such animal to be outside the proper enclosure, unless the dog is muzzled and restrained by a substantial chain or leash not longer than forty-eight inches and under the physical control of a person eighteen years of age or older who is capable of restraining such animal. The muzzle shall be constructed so that it will not cause injury to the dog or interfere with its vision or respiration. Such muzzle shall be constructed so that it will prevent the dog from biting any person or animal. Such dogs shall not be leashed or otherwise tied tethered to inanimate objects, such as trees, posts, buildings, mail boxes, newspaper vending machines, and the like. Dogs subject to the provisions of this Subsection shall wear a bright orange collar not less than two inches in width, at all times.

 

(5) Age, violation. It is a violation of this chapter for any person under the age of eighteen years to own, keep or harbor a potentially dangerous or dangerous dog within the city limits.

 

(6) Number of dogs allowed, violation. It is a violation of this chapter for any person to own, keep or harbor more than one potentially dangerous dog or dangerous dog within the city limits.

 

(7) Transfer of dogs, violation. It is a violation of this chapter to transfer ownership or possession of a potentially dangerous dog or dangerous dog within the city limits unless the recipient has complied with the registration and licensing requirements of this subsection for such animal.

 

(8) Unregistered offspring, violation. It is a violation of this chapter to own, keep or harbor the offspring of a dangerous dog within the city limits for more than eight weeks following the birth of such offspring unless the offspring are registered as potentially dangerous dogs pursuant to this subsection.

 

(9) Failure to report injury, violation. It is a violation of this chapter for the owner, keeper or harborer of any animal which is subject to the licensing requirements of this subsection to fail to report any bites or injuries suffered by any person or domestic animal as a result of an attack incident or other contact with such animal, regardless of the geographical location where such attack, incident or other contact occurs.

 

(10) Failure to report certain information, violation. It is a violation of this chapter for an owner, keeper or harborer of any animal subject to the licensing requirements of this subsection to fail to immediately notify the supervisor of animal control in writing of the removal from the city or death of any dog registered pursuant to this subsection, or of the birth of offspring of any dangerous dog, or of the new address of the owner, keeper or harborer of any dog registered pursuant to this subsection if such person moves within the city limits.

 

(11) Compliance, generally, violation. It is a violation of this chapter to fail to comply with the mandatory or prohibitory provisions of this subsection.

 

(12) Noncompliance, impoundment. Any potentially dangerous dog or dangerous dog, for which a license and certificate of registration, or renewal, has not been obtained by its owner, keeper or harborer pursuant to this subsection, is subject to being impounded by the supervisor of animal control. The owner, keeper or harborer of any potentially dangerous dog or dangerous dog so impounded shall be subject to any impoundment fees. Any potentially dangerous dog or dangerous dog which is impounded due to the failure of the owner, keeper or harborer of such dog to obtain the required license or certificate of registration, and which remains impounded for a period of at least five days due to the failure of the owner, keeper or harborer to obtain such license or certificate of registration, or renewal, may be destroyed in an expeditious and humane manner by the supervisor of animal control.

 

(13) Impoundment, immediate.

 

a. The supervisor of animal control may immediately impound a potentially dangerous dog or dangerous dog if:

 

1. The dog is not validly licensed or registered pursuant to this subsection; or,

 

2. The owner, keeper or harborer does not secure or maintain the surety bond or liability insurance coverage required pursuant to this subsection; or,

 

3. The dog is not maintained in a proper enclosure; or,

 

4. The dog is outside of the dwelling of the owner or keeper, or outside of the proper enclosure, and not muzzled and under proper physical restraint by the responsible person; or,

 

5. The dog is otherwise in violation of the licensure or registration provisions of this subsection.

 

b. The owner, keeper or harborer of any dog immediately impounded pursuant to this subsection may redeem such dog from the supervisor of animal control only upon proof of a valid license and registration pursuant to this subsection and payment of all applicable fees each day such dog has been in the control of the supervisor, provided however, that in the event the owner, keeper or harborer has not redeemed such dog within five days of being notified of the immediate impound, the dog shall be destroyed in an expeditious and humane manner.

 

(14) Impoundment for biting. If a dog classified as a dangerous dog bites a person or another domestic animal, such dog shall be immediately impounded by the supervisor of animal control and thereafter destroyed in an expeditious and humane manner. Any such animal which is deemed uncatchable by the supervisor or an animal control official may be killed by such supervisor or official if no other reasonable means of capture is available or such animal continues to be a threat to persons or domestic animals. Reasonable means of capture may include the use of tranquilizers which, depending upon the animals age, size, and physical condition, may cause death.

 

(15) Exceptions. A Dog shall not be declared potentially dangerous or dangerous if the threat, injury, or damage otherwise giving rise to action pursuant to this subsection was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by the owner, keeper or harborer of the dog or was tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

 

(c) Guard dogs. Any guard dog (for the purpose of this chapter, defined as a dog not owned by a governmental unit which dog is used to guard private commercial property or public property) used in the city by virtue of such use is hereby declared to be subject to the license requirements of this chapter; must be vaccinated against rabies by a licensed veterinarian; must, if brought into the city from outside the state, be accompanied by the official health certificate required by the state, currently set out in 2 CSR 30-2.010(9), which certificate shall be exhibited upon the request of any city animal control or police officer; must be effectively physically restrained to the premises guarded; must be controllable by its keeper; and must not be used in a manner which, as determined by the supervisor of animal control, endangers individuals not on the premises guarded. Any person operating a guard dog service in the city shall register such business with the supervisor of animal control and shall list all premises to be guarded with the supervisor of animal control before such service begins.

 

(d) Biting dogs running at large. It shall be unlawful for any person owning, keeping or harboring any dog to permit, suffer or allow the dog to run at large, as defined in section 14-33(a),


within the city. If the dog causes injury to a human by biting or scratching while running at large, the owner, keeper or harborer shall upon conviction be punished pursuant to this section and section 14-51(a).

 

(e) Destruction of dogs in custody of supervisor of animal control. Any dog which is in the custody of the supervisor of animal control, and which in the judgment of the supervisor of animal control would constitute a menace to the health, safety or welfare of the public if released from such custody, may be humanely killed by the supervisor of animal control.

 

(f) Penalty; authority to order destruction of dog. Any violation of this section shall be punishable pursuant to section 14-51(a), except that the minimum fine for violation of any provision of this section shall be $250.00. Upon conviction of failure to comply with any provision of this section, in addition to the usual judgment on conviction, if it shall appear to the municipal judge that such dog is still living, he may order that such dog be humanely killed, and direct the supervisor of animal control to enforce that order, and the police department shall assist as may be required by the supervisor of animal control.

 

_______________________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Alan L. Holtkamp

Assistant City Attorney