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Legislation #: 091022 Introduction Date: 12/10/2009
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 14, Code of Ordinances, by repealing Section 14-33, Dogs running at large prohibited, and enacting in lieu thereof one new section of like number and subject matter which will allow an electric fence and electric collar to be a proper method of physical restraint of a dog under certain conditions.

Legislation History
DateMinutesDescription
12/8/2009 Filed by the Clerk's office
12/10/2009 Referred to Public Safety and Neighborhoods Committee
12/16/2009 Hold Off Agenda
7/21/2010 Release
7/22/2010 Released

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ORDINANCE NO. 091022

 

Amending Chapter 14, Code of Ordinances, by repealing Section 14-33, Dogs running at large prohibited, and enacting in lieu thereof one new section of like number and subject matter which will allow an electric fence and electric collar to be a proper method of physical restraint of a dog under certain conditions.

 

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 14-33, Dogs running at large prohibited, and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

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

 

(a)   It shall be unlawful for any person owning, keeping or harboring any dog to permit, suffer or allow the dog to run at large within the city. For the purpose of this section, any dog 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 to allow said dog 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.

 

(f) Dogs may be confined to the premises of the residential property of their owner, keeper or harborer by an invisible electronic fence or an electronic collar.  An invisible electronic fence or electronic collar is a fence or a collar that controls the movement of a dog by emitting an electrical shock when the animal wearing the collar nears the boundary of the owner's, keeper's or harborer's property.  The collar may be controlled manually by a person or automatically in a predetermined manner.  Dogs confined to residential property of the owner, keeper, or harborer, by an invisible electronic fence or an electronic collar shall not be permitted to be closer than 10 feet from any public sidewalk or property line that is contiguous to neighboring property.  In addition, dogs are prohibited from being confined by an invisible electronic fence or an electronic collar in the front yards of an owner's, keeper's or harborer's property.  No dog having been found a dangerous or potentially dangerous dog by the animal health and public safety division shall be confined by an invisible electronic fence or an electronic collar. All owners, keepers, or harborers of dogs who use an invisible electronic fence shall be required to post signs or notices that are in compliance with any applicable zoning ordinance to clearly indicate to the public that a dog is confined to the property by an invisible electronic fence or electronic collar. Said notices shall be posted in such a manner as to notify the public of the location and boundaries of any invisible electronic fence. Electronic collars may not be used to control a dog when it is off its owner's, keeper's or harborer's property.

 

In order to comply with this section, any invisible electronic fence or electronic collar must be approved by the animal health and public safety division. In order to obtain approval, the owner, keeper, or harborer must submit for approval the following information prior to installation:

 

(1)    The name of the owner, keeper, or harborer;

 

(2)    Identification of all animals to be restrained by said invisible electronic fence or electronic collar; and

 

(3)    A diagram reflecting the location of any invisible electronic fence and appropriate signage.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Kathy Adams

Assistant City Attorney