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Legislation #: 150493 Introduction Date: 6/18/2015
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SHARP
Title: Amending Chapter 14, Code of Ordinances, by repealing Sections 14-1, 14-13, 14-28, 14-33, 14-49 and 14-51, and enacting in lieu thereof new sections of like numbers and subject matters that add the definition of a potbellied pig, regulates potbellied pigs and limits the number of potbellied pigs that can be maintained by one owner.

Legislation History
DateMinutesDescription
6/18/2015 Filed by the Clerk's office
6/18/2015 Referred to Public Safety & Emergency Services Committee
6/24/2015 Do Pass
6/25/2015 Add to Consent Docket
7/2/2015 Councilmember Sharp (Second by Wagner) Move to Amend
7/2/2015 Passed as Amended

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150493.pdf Authenticated 703K Authenticated
Ordinance fact sheet(general) Pot-Bellied Pigs-150493.pdf Fact Sheet 224K Amending Chapter 14, Code of Ordinances, by repealing Sections 14-1, 14-13, 14-28, 14-33, 14-49 and 14-51, and enacting in lieu thereof new sections of like numbers and subject matters that add the definition of a potbellied pig, regulates potbellied pigs and limits the number of potbellied pigs that can be maintained by one owner.
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ORDINANCE NO. 150493

 

Amending Chapter 14, Code of Ordinances, by repealing Sections 14-1, 14-13, 14-28, 14-33, 14-49 and 14-51, and enacting in lieu thereof new sections of like numbers and subject matters that add the definition of a potbellied pig, regulates potbellied pigs and limits the number of potbellied pigs that can be maintained by one owner.

 

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 14-1, 14-13, 14-28, 14-33, 14-49 and 14-51, and enacting in lieu thereof new sections of like numbers and subject matters, to read as follows:

 

Sec. 14-1. Definitions.

 

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Adequate care means normal and prudent attention to the needs of an animal, including that care which is normally necessary to maintain good health in a specific species of animal.

 

Adequate food means wholesome foodstuffs suitable for the species provided at suitable intervals in a sanitary manner in quantities sufficient to maintain good health in an animal considering its age and condition.

 

Adequate health care means the provision to each healthy animal of all immunizations and preventative care required to maintain good health, space adequate to allow the animal rest and exercise sufficient to maintain good health, and the provision to each sick, diseased or injured animal of necessary veterinary care or humane death.

 

Adequate shelter means a structurally sound, properly ventilated, sanitary and weatherproof shelter suitable for the species, condition and age of the animal which provides access to shade from direct sunlight and regress from exposure to inclement weather conditions. The condition of the shelter should be such as to not exacerbate existing weather conditions, e.g., a metal doghouse in the hot sun.

 

Adequate water means a continual access to or access at suitable intervals to a supply of clean, fresh, potable water provided in a sanitary manner suitable for the species, condition and age of the animal in sufficient amounts to maintain good health in the animal. Such water will be provided in a secure manner so that the container cannot be overturned.

 

Animal means any live, vertebrate creature, domestic or wild, other than humans.

 

Animal shelter means the facilities operated by the city or its contractor for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

 

Commercial animal establishment means any pet shop, grooming shop, boarding kennel, animal exhibit, auction, riding school, stable, carriage horse service, cattery, kennel, sentry or guard dog service, animal trainer, or business keeping animals in stock for retail or wholesale trade, or any establishment performing one or more of the principal activities of such establishments.

 

Dangerous dog means a dog that:

 

(1) Has inflicted severe injury on a human being without provocation on public or private property; or,

 

(2) Has killed a domestic animal, or other animal protected under federal, state or local rules without provocation while off the owner, keeper or harborer's property; or,

 

(3) Has been previously found to be potentially dangerous, the owner or keeper received notice of such and the dog again aggressively bites, attacks, or endangers the safety of human beings or domestic animals without provocation.

 

Domestic means any species of animal bred by human beings through several generations to select and successively achieve those qualities of domesticity required for the animals to live and/or work successfully with human beings.

 

Domestic animal avocation means the care, breeding, showing or sale of dogs or cats by an adult natural person who maintains a hobby-kennel or hobby-cattery containing more than four, but not more than 25, animals over the age of six months on the lot on which he or she is resident or on a contiguous lot, which lot or lots are not zoned for business.

 

Domestic canines means any breed of canines recognized by an American, Canadian, European or other reputable kennel club, or any mixture of those breeds, exclusive of any portion of wolf, coyote or other wild canid breeding.

 

Fowl means any and all fowl, domesticated and wild, male and female, single and plural.

 

Harboring means any person who offers asylum, refuge or sanctuary to any animal on a basis so temporary as to not be deemed to be owning or keeping shall be deemed to be harboring.

 

Individual means one adult and competent human.

 

Large animal means any swine, bovine, goat, sheep or beast of burden, or any other domestic or wild animal of similar or larger size.

 

License tag means any system of animal identification approved by the commissioner of revenue.

 

Owning and keeping means any person who feeds or shelters any animal for three or more consecutive days or who professes ownership of such animal shall be deemed to be owning or keeping.

 

Potentially dangerous dog means a dog that when unprovoked:

 

(1) Inflicts bites on a human being or domestic animal or other animal protected under federal, state or local rules, either on public or private property; or,

 

(2) Chases or approaches a person upon a street or a public grounds in a menacing fashion or apparent attitude or attack, a dog with a known propensity, tendency, or disposition to attack without provocation, to cause injury or otherwise threaten the safety of humans, domestic animals, or other animals protected under federal, state or local rules; or,

 

(3) An offspring, older than eight weeks, later born to a dog found to be a dangerous dog.

 

Primary enclosure means any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, run, cage, compartment, pool or hutch.

 

Proper enclosure to confine the dog means:

 

(1) A securely confined indoor area of the owner's or keeper's premises, or a securely enclosed and locked pen, kennel, or other exterior structure on the premises, suitable to prevent the entry of young children or human extremities and designed to prevent a potentially dangerous or dangerous dog from escaping; and,

 

(2) A pen, kennel or other structure having secure sides and a secure top, and providing adequate shelter from the elements for the dog; and,

 

(3) If a pen, kennel or structure has no bottom secured to the sides, the sides are embedded not less than two feet into the ground; and,

 

(4) Doors, windows or other openings enclosed solely by wire or mesh screening shall not be considered a proper enclosure as defined in this subsection.

 

Provocation means taunting, teasing, willfully causing undue pain, or unlawfully entering upon or into the property of the owner or keeper.

 

Public nuisance means:

 

(1) Any animal (or group of animals which contains any animal) which:

 

a. Molests any passerby or chases passing vehicles, including bicycles.

 

b. Attacks any other animal.

 

c. Is in heat and not properly confined as provided in section 14-32.

 

d. Is at large in violation of section 14-33.

 

e. Damages public or private property.

 

f. Barks, whines, howls, meows or creates any other disturbance which is continuous or untimely so as to disturb an individual who is a neighbor and who does in writing state that he will so testify if called upon to testify about such matter under oath. For purposes of this subsection, a neighbor is defined as an individual residing in a residence structure which is within 100 yards of the property on which the animal is kept or harbored.

 

g. Is ridden on public property without a permit or which obstructs or interferes with vehicular or pedestrian traffic.

 

h. Causes injury to a person.

 

i. Threatens or causes a condition which endangers public health or safety.

 

j. Impedes refuse collection by ripping any bag or tipping any container of refuse.

 

(2) Any animal or fowl which defecates on public or private property other than that of the owner, keeper or harborer.

 

Qualities of domesticity means characteristics of an animal which indicate that the animal does not possess an inherent, overpowering instinctive, danger to human beings during physical contact.

 

Sanitary means clean and free from infectious or deleterious influences.

 

Severe injury means a physical injury that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

 

Small animal means any animal not within the definition of large animal, but including all dogs without reference to size.

 

Supervisor of animal health and public safety means the supervisor of animal health and public safety and staff assigned to work under the direct control of the supervisor of animal health and public safety, who may act through staff to perform any duty under this chapter unless otherwise specifically stated.

 

Under control means control by leash so as to thereby be restrained from approaching a bystander or another animal or from causing or being the cause of physical property damage or personal injury, when off the premises of the owner or keeper.

 

Unfit owner means any person who by past violations and convictions has proven himself or herself unworthy to own, keep or harbor a pet in the city.

 

Veterinary medical care facility means a facility which has the primary function of providing medical care for animals and is operated by a currently licensed veterinarian.

 

Vicious animal means an animal other than a dangerous dog or potentially dangerous dog displaying the characteristics or propensity to do an act that might endanger the safety of a person, animal, or property or another, including but not limited to a disposition to mischief or fierceness as might occasionally lead to attack on human beings or other animals without provocation whether in play or outbreak of untrained nature.

 

Vietnamese potbellied pig means a small pig originating in southeastern Asia and having a straight tail, large stomach, short legs, swayback and usually a black or white coat.

 

Wild animal means any species or a portion of a species of animal inherently free-roaming not specifically bred by human beings to select and successfully achieve those qualities of domesticity required for the animal to live and/or work successfully with human beings.

 


 

Sec. 14-13. Vietnamese potbellied pigs.

 

Domesticated Vietnamese potbellied pigs may be kept in residentially zoned areas of the city provided that males over the age of four weeks and females over the age of 120 days are neutered and adult pigs do not exceed 95 pounds in weight. All such animals must be of proven purebred lineage, and the owner must be able to produce litter papers to verify pedigree.

 

Sec. 14-28. Limitation on number of dogs, cats, ferrets and Vietnamese potbellied

pigs.

 

(a) 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 (4) dogs or four (4) cats, or four (4) Vietnamese potbellied pigs or any combination of such animals exceeding four (4) in number, over the age of one hundred and twenty (120) days at such residence unless the residence or all of the dogs, cats and Vietnamese potbellied pigs 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, cats and Vietnamese potbellied pigs kept shall not exceed twenty-five (25) over the age of one hundred and twenty (120) days.

 

(3) The individual in charge of the residence has a current domestic animal avocation permit or a domestic animal rescue kennel and rescue cattery permit , in which case the number of animals shall not exceed ten (10) over the age of one hundred and eighty (180) days, unless otherwise granted an exception pursuant to such permit. 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 ten (10), unless otherwise granted an exception pursuant to such permit.

 

(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, dogs or Vietnamese potbellied pigs and four (4) licensed ferrets.

 

Sec. 14-33. Dogs running at large prohibited.

 

(a) It shall be unlawful for any person owning, keeping or harboring any dog or Vietnamese potbellied pig to permit, suffer or allow the dog or Vietnamese potbellied pig to run at large within the city. For the purpose of this section, any dog or Vietnamese potbellied pig shall be deemed to have been permitted, suffered or allowed by its owner, keeper or harborer to run at large when found outside of the residence structure of the owner, keeper or harborer and not effectively physically restrained on a chain or leash or behind a suitable fence or other proper method of physical restraint from which it cannot escape.

 

(b) It shall be unlawful for any owner, keeper or harborer of a dog or Vietnamese potbellied pig to allow said dog or Vietnamese potbellied pig to be restrained in any such manner as to allow the animal to be upon the private property of another person without that person's permission. In duplexes, triplexes, fourplexes, townhouses, apartment buildings and all such other residential structures where more than one party occupies a property, no animal may be leased, chained, fenced or otherwise restrained in a common-ground area shared by more than one tenant.

 

(c) A legally blind, deaf or physically disabled person using a guide, hearing or service dog in the customary manner shall be deemed to be in compliance with this section.

 

(d) Official use of dogs by any governmental unit shall be deemed in compliance with this section.

 

(e) Any person permitting or allowing a dog to run at large within an “off-leash dog area” established on parks under the control and management of the board of parks and recreation commissioners, in accordance with all rules and regulations as may be prescribed by the board of parks and recreation commissioners for such area, shall be deemed to be in compliance with this section.

 

Sec. 14-49. Determination of penalty for permitting dogs or Vietnamese potbellied

pigs to run at large.

 

In determining the applicable penalty under section 14-51(b) for a violation of section 14-33, pertaining to dogs or Vietnamese potbellied pigs running at large, any record of conviction for violation of section 14-33, which violation occurred more than three years before the date of the current offense, shall be disregarded in determining the applicable penalty for the current offense.

 

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 $75.00 and not more than $1,000.00, 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 or Vietnamese potbellied pigs running at large;

 

(4) Section 14-53(f), pertaining to intentional failure to distribute licensing requirement information;

 

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 . . . $ 75.00

Second offense . . . 150.00

Third offense . . . 300.00

Fourth 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(a) and (c), pertaining to adequate care and inspections;

 

(4) Section 14-17, pertaining to injuring and capturing animals;

 

(5) Section 14-28, pertaining to limitation on number of dogs, cats, Vietnamese potbellied pigs and ferrets;

 

(6) Section 14-29, pertaining to potentially dangerous dogs and dangerous dogs;

 

(7) Section 14-31, pertaining to animals putting persons in fear or being maintained as public nuisances;

 

(8) Section 14-39, pertaining to commercial animal establishment standards;

 

(9) Section 14-41, pertaining to human exposure to zoonotic diseases by animals; or

 

(10) 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 $75.00 and not more than $1,000.00, or by imprisonment in the municipal correctional institution for a term not to exceed 180 days, or by both such fine and imprisonment.

(d) Any person violating Section 14-16 (b) or 14-16.1 shall, upon conviction, be punished by a fine of not less than $250.00 and not more than $1,000.00, or by imprisonment in the municipal correctional institution for a term not to exceed 180 days, or by both such fine and imprisonment.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Lana K. Torczon

Assistant City Attorney