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Legislation #: 040585 Introduction Date: 5/27/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 14 of the Code of Ordinances pertaining to animals by repealing and enacting three new sections pertaining to limitations on the number of dogs, cats and ferrets, domestic animal avocation permits and domestic animal rescue kennel and rescue cattery permits and schedule of user fees.

Legislation History
DateMinutesDescription
5/26/2004

Prepare to Introduce

5/27/2004

Referred Neighborhood Development and Housing Committee

6/2/2004

Do Pass as a Committee Substitute

6/3/2004

Assigned Third Read Calendar as Substituted

6/10/2004

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 040585

 

Amending Chapter 14 of the Code of Ordinances pertaining to animals by repealing and enacting three new sections pertaining to limitations on the number of dogs, cats and ferrets, domestic animal avocation permits and domestic animal rescue kennel and rescue cattery permits and schedule of user fees.

 

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 14-28, 14-44 and 14-52 pertaining to animals and by enacting in lieu thereof three new Sections of like number pertaining to limitations on the number of dogs, cats and ferrets, domestic animal avocation permits and domestic animal rescue kennel and rescue cattery permits and schedule of user fees, to read as follows:

 

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

 

(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 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 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 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 or dogs and four (4) licensed ferrets.

 

 


Sec. 14-44. Domestic animal avocation permit; domestic animal rescue kennel and rescue

cattery permit.

 

(a) Domestic avocation permits.

 

(1) Purchasing a permit. Any adult natural person resident in a one-family dwelling may for the fee specified in section 14-52 per calendar year or part thereof purchase from the supervisor of animal control a domestic animal avocation permit to establish and maintain a hobby-kennel or a hobby-cattery containing not more than ten (10) animals over the age of one hundred and eighty (180) days on the lot on which he or she is resident or on a contiguous lot, which lot or lots are not zoned for business, if such person first obtains signed consents from all adult owners and tenants of any lot, any part of which is within fifty (50) yards of the lot or lots on which the proposed hobby-kennel is to be located, or which is within fifty (50) feet of the lot or lots on which the proposed hobby-cattery is to be located, and such consents shall allow purchase of a permit for each subsequent year for such hobby-kennel or hobby-cattery for so long as permits are purchased and maintained in effect without lapse; however, before any such permit shall be sold by the supervisor of animal control, the supervisor must have inspected and approved the hobby-kennel or hobby-cattery or have inspected and approved detailed plans and specifications for compliance with the requirements of this chapter and he or she must further certify, with the assistance of all city employees and officers, which assistance as necessary is hereby authorized, that such proposed hobby-kennel or hobby-cattery will be in compliance with all of the ordinances of the city; and, further, to ensure continuing compliance with all of the ordinances of the city, the applicant for a domestic animal avocation permit shall, as a condition to the granting of such permit, in writing, authorize the supervisor of animal control and all city inspectors to make inspections between the hours of 7:00 a.m. and 7:00 p.m. of such hobby-kennel or hobby-cattery The maintenance of a hobby-kennel or hobby-cattery pursuant to a domestic animal avocation permit shall not be a violation of section 14-28.

 

(2) Roster of animals; identification tags. Each domestic animal avocation permit holder shall file with the supervisor of animal control two (2) copies of a roster, identified by the holder's name, address and permit number. Such roster shall list each of the permit holder's animals, its name, breed, date of birth, sex, registry, whether or not neutered or spayed, and the name of the veterinarian administering and the date of all disease control inoculations for rabies or other disease. Such roster shall be maintained on forms prepared by the supervisor of animal control obtainable at city cost from the supervisor of animal control. The current maintenance of this roster shall exempt the holder from liability under section 14-20 to purchase licenses for the animals listed on the roster, provided that an accurate roster not more than one year old from the holder is on file with the supervisor of animal control. The supervisor of animal control shall acknowledge such filing on both filed copies and shall return one to the person filing if filed personally or shall mail such by first class mail to the permit holder if filing was by mail, and either copy shall be conclusive evidence of filing. The failure of a permit holder to timely file a roster shall result in a delinquency and require payment of the late fee specified in section 14-52 for filing, to be collected by the supervisor of animal control before filing, and the supervisor of animal control shall then accept filing, except that ninety (90) days' delinquency shall work an automatic and permanent forfeiture of the domestic animal avocation permit except that renewal may be made by the same procedure as for obtaining a permit for a hobby-kennel or hobby-cattery. Each holder of a domestic animal avocation permit shall, at the time of original filing and thereafter as needed, purchase from the supervisor of animal control for the amount specified in section 14-52 a sufficient number of permanent identification tags bearing his permit number to provide one for each animal maintained on the roster, and for disease control and identification purposes these tags shall be worn by such animals in place of license tags otherwise required by this chapter. It shall be unlawful for a permit holder to sell, loan or give away such a tag or otherwise allow the use of such a tag other than to identify an animal of such permit holder.

 

(3) Exception. Persons maintaining a current domestic animal avocation permit on the effective date of this ordinance issued pursuant to previous enactments of this code of ordinance section who have more than ten (10) animals, but not more than twenty-five (25) animals, shall thereafter be issued a domestic animal avocation permit, upon satisfactory compliance with all other provisions of this subsection, until such time as the number of animals existing in such permit holders hobby-kennel or hobby-cattery is decreased to ten (10) animals. At such time as the animals in the permit holders hobby-kennel or hobby-cattery are decreased to ten (10) animals, then this exception shall no longer be allowed for such permit holder. During the time at which a permit holder is allowed this exception, such permit holder shall not be allowed to own, keep or harbor any animals other than the animals the permit holder owns, keeps or harbors on the effective date of this ordinance. The permit holder shall, upon the request of any city animal control officer or police officer, present for inspection the certificates of registry for all such animals maintained pursuant to the permit and this exception showing continuous licensure for all such animals from the effective date of this ordinance onward. At such time as a permit holder is no longer allowed this exception, such permit holder shall be subject to the ten (10) animal limit otherwise mandated by this subsection and may thereafter be granted a permit subject to the usual conditions of this subsection.

(b) Domestic animal rescue kennel and rescue cattery permit.

 

(1) Issuance. Any adult natural person resident in a one-family dwelling may for the fee specified in section 14-52 per calendar year or part thereof purchase from the supervisor of animal control a domestic animal rescue kennel and rescue cattery permit to establish and maintain a rescue kennel or a rescue cattery containing not more than ten (10) animals on the lot on which he or she is resident or on a contiguous lot, which lot or lots are not zoned for business, if the following conditions are satisfied:

 

a. Consents. The person obtains signed consents from all adult owners and tenants of any lot, any part of which is within fifty (50) yards of the lot or lots on which the proposed rescue kennel is to be located, or which is within fifty (50) feet of the lot or lots on which the proposed rescue cattery is to be located. Such consents shall allow purchase of a permit for each subsequent year for such rescue kennel or rescue cattery for so long as permits are purchased and maintained in effect without lapse.

 

b. State Licensure. The person obtains, within thirty (30) days following issuance of the domestic animal rescue kennel and rescue cattery permit, licensure pursuant to the State of Missouri Animal Care Facilities Act. If such State license is not obtained within thirty (30) days following issuance of the domestic animal rescue kennel and rescue cattery permit, then such permit shall be revoked. Upon receipt of the State License, the person shall forward a copy of such license to the supervisor of animal control.

 

(2) Identification tags. A domestic animal rescue kennel and rescue cattery permit holder shall be issued ten (10) permanent identification tags by the supervisor of animal control. Each identification tag shall bear the permit number issued the permit holder by the supervisor. For the purposes of identification, an identification tag shall be worn by each and every animal that is the subject of the permit as a substitute for the license tag otherwise required by the provisions of this chapter. It shall be unlawful for a permit holder to sell, loan or give away an identification tag or otherwise allow the use of such a tag other than to identify an animal of the permit holder.

 

(3) Effect. The maintenance of a rescue kennel or rescue cattery pursuant to a domestic animal rescue kennel and rescue cattery permit shall not be a violation of section 14-28.

 

(c) Exclusion. No person shall be issued both a domestic animal avocation permit and a domestic animal rescue kennel and rescue cattery permit No person shall be issued either a domestic avocation permit or a domestic animal rescue kennel and rescue cattery permit if such person shares a residence with a current permit holder of either such permit.

 

(d) Revocation. Any person who has been issued either a domestic animal avocation permit or a domestic animal rescue kennel and rescue cattery permit may have such permit revoked by the supervisor of animal control for any one of the following reasons occurring after issuance of the permit:

 

(1) Conviction. The person is convicted of a misdemeanor for violating any of the provisions of this chapter or is convicted of violating any state or federal law relating to the abuse or neglect of animals.

 

(2) Petition. A petition is forwarded to the supervisor of animal control requesting revocation of the persons permit and the petition is signed by all the adult owners and tenants of any lot any part of which is within fifty (50) yards of the lot, or lots, on which the hobby-kennel or rescue kennel that is the subject of such petition is located or which is within fifty (50) feet of the lot, or lots, on which the hobby-cattery or rescue cattery that is the subject of the petition is located.

 

(3) State Licensure. The person loses, or fails to obtain within the required time, the state license issued pursuant to the State of Missouri Animal Care Facilities Act required for a domestic animal rescue kennel and rescue cattery permit.

 

Sec. 14-52. Schedule of user fees.

 

The schedule of user fees authorized by this chapter is as follows:

 

(1) Pet licenses:

 

a. Spayed or neutered pet (if written proof that the animal has been spayed or neutered is supplied by the applicant) . . . $ 7.00

b. If not spayed or neutered . . . 30.00

 

c. Late registration fee . . . 25.00

 

d. Replacement tags . . . 5.00

 

e. Guard dog tags . . . 5.00

 

f. Potentially dangerous dog . . . 100.00

 

Annual renewal . . . 50.00

 

g. 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 . . . 25.00

 

b. Daily charge, small animal . . . 10.00

 

c. Daily charge, livestock, large animal . . . 25.00

 

d. Rabies vaccination . . . 10.00

 

e. Impound fee for potentially dangerous dog or dangerous dog . . . 50.00

 

f. Daily charge for potentially dangerous dog or dangerous dog . . . 20.00

 

(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.

 

____________________________________________________

 

Approved as to form and legality:

 

 

__________________________________

Alan L. Holtkamp

Assistant City Attorney