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Legislation #: 060086 Introduction Date: 1/26/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapters 2, 14 and 76, Code of Ordinances, by repealing Sections 2-521, 2-525, 2-1078, 14-1, 14-2, 14-3, 14-4, 14-5, 14-6, 14-9, 14-10, 14-16, 14-20, 14-29, 14-31, 14-34, 14-35, 14-36, 14-37, 14-39, 14-41, 14-42, 14-43, 14-44, 14-46, 14-47, 14-48, 14-50, 76-241 and 76-242, relating to the division of animal control, and enacting in lieu thereof 30 new sections of like number and subject matter changing the name of the division of animal control to the division of animal health and public safety.

Legislation History
DateMinutesDescription
1/20/2006 Filed by the Clerk's office
1/26/2006 Referred to Neighborhood Development and Housing Committee
2/1/2006 Advance and Do Pass as a Committee Substitute, Debate
2/2/2006 Passed as Substituted

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060086.pdf Authenticated 2330K Authenticated
GOFS AC name change.doc Fact Sheet 141K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060086

 

Amending Chapters 2, 14 and 76, Code of Ordinances, by repealing Sections 2-521, 2-525, 2-1078, 14-1, 14-2, 14-3, 14-4, 14-5, 14-6, 14-9, 14-10, 14-16, 14-20, 14-29, 14-31, 14-34, 14-35, 14-36, 14-37, 14-39, 14-41, 14-42, 14-43, 14-44, 14-46, 14-47, 14-48, 14-50, 76-241 and 76-242, relating to the division of animal control, and enacting in lieu thereof 30 new sections of like number and subject matter changing the name of the division of animal control to the division of animal health and public safety.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapters 2, 14 and 76 of the Code of Ordinances of the City of Kansas City, Missouri, are hereby amended by repealing Sections 2-521, 2-525, 2-1078, 14-1, 14-2, 14-3, 14-4, 14-5, 14-6, 14-9, 14-10, 14-16, 14-20, 14-29, 14-31, 14-34, 14-35, 14-36, 14-37, 14-39, 14-41, 14-42, 14-43, 14-44, 14-46, 14-47, 14-48, 14-50, 76-241 and 76-242, relating to the division of animal control, and enacting 30 new sections, to read as follows:

Sec. 2-521. Divisions; duties of director.

 

The neighborhood and community services department shall consist of the following divisions: administration, correctional institutions, probation, animal health and public safety, neighborhood centers, neighborhood services, property conservation, social services and such other divisions as may be established by ordinance. The work and responsibilities of the division shall be under the control and supervision of the director of neighborhood and community services. The director shall have the power to enter into service agreements and contracts with other agencies or individuals when authorized by ordinance to do so. Any references in the city Charter to the community services department shall be construed to refer to and mean the neighborhood and community services department.

 

Sec. 2-525. Division of animal health and public safety.

 

(a) Upon the effective date of this ordinance the division of animal control shall be re-named and shall be known as the division of animal health and public safety and the supervisor of animal control shall be referred to as the supervisor of animal health and public safety. Any references in this code to the division formerly known as animal control shall be construed and considered, for all purposes, to be references to the division of animal health and public safety. Any references in this code to the formerly known animal control code shall be construed and considered, for all purposes, to be references to the animal health and public safety code.

 

(b) The division of animal health and public safety shall be supervised by a person qualified by background and experience to manage animal control facilities. The work of the division shall consist of the maintenance and management of the shelter provided for this purpose and the proper care of animals confined therein; the enforcement of city ordinances pertaining to the control of animals; and coordination with other city departments and community agencies in licensing, vaccination, care and disposition of animals.

 

Sec. 2-1078. Salary schedules for occupational group classified as public safety and

inspectional, with class code, class title, and pay grade therein.

 

The following schedules are hereby adopted as the salary schedules for classes of positions set out below by class code number, class title, and pay grade therein:

(1) For those classes of positions within the managerial, professional, supervisory, and/or confidential group:

 CLASS

 

PAY

MONTHLY

MONTHLY

EXTENDED

EXTENDED

CODE

CLASS TITLE

GRADE

MINIMUM

MAXIMUM

SERVICE A

SERVICE B

 

 

 

 

 

 

 

(3XXX)

PUBLIC SAFETY AND

INSPECTIONAL

 

 

 

 

 

 

 

 

 

 

 

 

3009

DEPUTY FIRE CHIEF

FME-4

6912

7946

 

 

3040U

FIRE CHIEF/DIRECTOR

 

6684

12122

 

 

3050

SAFETY OFFICER

ME-C

2653

4192

4360

4469

3051

SAFETY MANAGER

ME-F

3840

6273

6524

6687

3055

CORPORATE SAFETY MANAGER

ME-G

4489

7355

7649

7840

3150

PROPERTY CONSERVATION

MANAGER

ME-F

3840

6273

6524

6687

3219

MGR.OF LIQUOR CONTROL &

COMMER. VEHICLES

ME-G

4489

7355

7649

7840

3221

ANIMAL SHELTER SUPERVISOR

M-G

2271

3656

3747

 

3222

ASSISTANT MANAGER OF

ANIMAL HEALTH AND PUBLIC SAFETY  

ME-A

2322

3531

3672

3764

3300

AIRPORT OPERATIONS AGENT

ME-C

2653

4192

4360

4469

3301

AIRPORT SECURITY

COORDINATOR

ME-D

2999

4890

5086

5213

3303

AIRPORT TRAFFIC CONTROL

OFFICER

M-E

1958

3163

3242

 

3305

AIRPORT POLICE OFFICER

M-HB

1958

4156

4260

 

3307

AIRPORT POLICE SERGEANT

M-J

3370*

4837

4958

 

3308

AIRPORT POLICE LIEUTENANT

ME-E

3444

5637

5862

6009

3309

AIRPORT POLICE CAPTAIN

ME-F

3840

6273

6524

6687

3310

CITY HALL GUARD

M-E

1958

3163

3242

 

3311

SECURITY SPECIALIST

M-G

2271

3656

3747

 

3314

SUPERVISOR OF SECURITY

ME-D

2999

4890

5086

5213

3315

MANAGER OF SECURITY

ME-F

3840

6273

6524

6687

3503

TOW SERVICE COORDINATOR

M-F

2055

3347

3431

 

3600U

DIRECTOR OF CODES

ADMINISTRATION

 

6684

12122

 

 

3605

CONSTRUCTION CODE

INSPECTOR II

M-I

2748*

4274

4381

 

3610

CONSTRUCTION CODE

INSPECTOR III

M-J

2985

4837

4958

 

3615

CONSTRUCTION CODE

INSPECTOR SUPERVISOR

ME-E

3444

5637

5862

6009

3700U

DIRECTOR OF HOUSING & COMM DEVELOPMENT

 

6684

12122

 

 

(2)             For those classes of positions covered by the provisions of the memorandum of understanding between the city and Local 500-American Federation of State, County, and Municipal Employees:

 CLASS

CLASS

PAY

MONTHLY

MONTHLY

CODE

TITLE

GRADE

MINIMUM

MAXIMUM

 

 

 

 

 

(3XXX) PUBLIC SAFETY AND

INSPECTIONAL

 

 

 

 

 

 

 

 

3215

SPECIAL INVESTIGATOR I

L-E

1958

3163

3216

SPECIAL INVESTIGATOR II

L-H

2488

4050

3220

ANIMAL CONTROL OFFICER

L-E

1958

3163

3304

AIRPORT SECURITY MONITOR

L-E

1958

3163

3502

TOW TRUCK OPERATOR

L-D

1731

2588

3630

CONSTRUCTION CODE

INSPECTOR I

L-H

2699*

4050

(3)    For those classes of positions covered by the provisions of the memorandum of understanding between the city and Local 42-International Association of Fire Fighters:


 

 CLASS

 

PAY

MONTHLY

MONTHLY

CODE

CLASS TITLE

GRADE

MINIMUM

MAXIMUM

 

 

 

 

 

(3XXX) PUBLIC SAFETY AND

INSPECTIONAL

 

 

 

 

 

 

 

 

3005

FIREFIGHTER

F-F

2436

4377

3007

FIRE CAPTAIN

F-4

4512*

5227

3014

FIRE INVESTIGATOR

F-2

3835

4783

3015

FIRE PREVENTION INSPECTOR

F-1

2436

4377

3018

FIRE EDUCATION SPECIALIST

F-2

3835

4977

3020

FIRE DISPATCHER I

F-1

2436

4377

3021

FIRE DISPATCHER II

F-2

3835

4783

 

 

 

 

 

 

(4) For those classes of positions covered by the provisions of the memorandum of understanding between the city and Local 3808-International Association of Fire Fighters:


CLASS

 

PAY

MONTHLY

MONTHLY

CODE

CLASS TITLE

GRADE

MINIMUM

MAXIMUM

 

 

 

 

 

(3XXX) PUBLIC SAFETY AND

INSPECTIONAL

 

 

 

 

 

 

 

 

3008

BATTALION CHIEF,

ADMINISTRATIVE

FME-2

5762

7154

3023

BATTALION CHIEF, FIELD

FM-2

5762

7154

3022

FIRE DISPATCHER III

F-5

4238

5227

3013

HAZMAT CHEMICAL ANALYST

FME-5

3519

5637

3016

ASSISTANT FIRE MARSHALL

FME-1

3738

4967

3019

EMERGENCY COMMUNICATIONS SUPERINTENDENT

FME-3

3840

6273

 

  U     Unclassified position

*     These classifications have a higher minimum range.

** This classification has a lower maximum range.

 

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 authorized agents 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.

 

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. 14-2. Duties of supervisor of animal health and public safety.

 

Except where otherwise provided, it shall be the duty of the supervisor of animal health and public safety under the direction of the director of neighborhood and community services to administer and enforce the provisions of this chapter directly or through staff assigned to be supervised by the supervisor of animal health and public safety.

 

Sec. 14-3. Duties of police department.

 

It shall be the duty of the police department to enforce the provisions of this chapter, and to assist the supervisor of animal health and public safety in enforcing the provisions of this chapter.


Sec. 14-4. Records of supervisor of animal health and public safety.

 

The supervisor of animal health and public safety shall keep a record in which he shall enter all his official transactions. Such record shall be open to the inspection of any person as authorized or limited by the state statutes, particularly RSMo ch. 610 and such other enactments as may be or become applicable.

 

Sec. 14-5. Impoundment generally; violation notice in lieu of impoundment;

redemption of impounded animals.

 

(a)     Any unrestrained dog or any animal defined as a public nuisance by this chapter may be taken by the police or supervisor of animal health and public safety and impounded in the animal shelter or at a designated holding place and be there confined in a humane manner pending further action pursuant to this chapter or other law. If an owner or keeper is present, in lieu of impoundment a general ordinance summons may be issued to that person and such person may retain possession of the animal if it is the belief of the officer issuing such summons that such possession is not in conflict with any other section of this chapter.

 

(b)     Whenever any animal is confined by authority of this chapter, it shall be the duty of the supervisor of animal health and public safety to release the animal upon satisfactory proof that the party claiming the animal is entitled to possession thereof and upon payment to the city treasurer of all applicable fees prescribed by section 14-35 and the fee for any license that may be required by this chapter. However, if an animal is deemed to be vicious or a danger to the public health and safety, the supervisor of animal health and public safety may retain such animal and refuse redemption or sale of such animal, and dispose of such animal in a humane fashion.

 

(c)     In addition, if the supervisor has evidence which indicates that a person has been convicted of animal abuse or severe neglect, or more than three other animal violations, within a five-year period, the supervisor may refuse to redeem a pet to such a person based on his or her being an unfit owner.

 

Sec. 14-6. Notification of impoundment.

 

After the impoundment of any animal where a general ordinance summons has not been issued to the owner or keeper, the supervisor of animal health and public safety shall promptly notify the owner of such animal of its impoundment if the owner can be determined and located by reasonable investigation; however, no liability shall attach to the city or to the supervisor of animal health and public safety or such supervisors staff for failure to give such notice. The owner of an impounded animal who does not redeem his animal may still be proceeded against for violation of any applicable section of this chapter or any other applicable ordinance.

 

Sec. 14-9. Dangerous animals other than dogs; prohibited animals.

 

(a)     The keeping or harboring of dangerous animals other than dogs within the city is hereby prohibited. Other than as to dogs which are regulated by section 14-29 and section 14-31, the supervisor of animal health and public safety shall have the authority and responsibility to declare an animal dangerous because of past behavior, violations, potential spread of zoonotic disease, or the inherently dangerous nature of the animal as to persons. Such declaration shall be made in writing and shall include the date of and reasons for the declaration. Upon request the supervisor of animal health and public safety shall provide a copy of the written declaration to the requesting person. Such a declaration shall be grounds for the impoundment and destruction of the animal unless, without danger to the public, it can be and is removed from the city within 48 hours after being declared dangerous. If such animal is found again in the city limits, it will be immediately seized and promptly destroyed or disposed of in some other manner as allowed in section 1 4-34, including but not limited to giving such animal to a licensed refuge or zoo.

 

(b)     Except insectivores animals, it is unlawful to keep or harbor any poisonous animal or any carnivorous or omnivorous animal and including but not limited to nonhuman primates, all nondomestic cats including bobcats and lynx, ocelots, mountain lions, tigers, panthers, lions, or any wild/domestic cat hybrid, wolves, wolf/dog hybrids with any percent of wolf parentage, raccoons, skunks, foxes, crocodiles, alligators and caimans. The only exclusion to this clause are domestic livestock, small fowl, domestic dogs , domestic cats and small rodents of varieties used for laboratory purposes. Nonpoisonous snakes shall be kept in locked escape-proof cages, except when being handled. It shall be an ordinance violation for an owner, keeper, harborer or handler to permit a snake or lizard to escape from a cage or while being handled.

 

Sec. 14-10. Entry on private property by animal health and public safety officers.

 

(a)     In the interest of public health, safety and the general welfare and pursuant to Charter authority at section 1(47) to regulate or prohibit the keeping or running at large of any animal or fowl, any person keeping or harboring any animal or fowl in this city by so doing does thereby authorize the supervisor of animal health and public safety, or the supervisor's authorized representative, to enter without warrant upon private property he or she owns or controls where such animal or fowl is to be found, in plain sight, other than within any residence structure, for the purpose of enforcement of this chapter and to seize such animal from such private property to abate ordinance violation.

 

(b)     By the authority of this section, any animal that is deemed by the supervisor of animal health and public safety, or the supervisor's authorized representative, to be cruelly mistreated in violation of this chapter, or suffering, may be seized from the property of its owner or keeper to abate the mistreatment or the suffering of that animal, and it may be confined at the municipal animal shelter for disposition under the terms of this chapter.

 

(c)     Any animal that has possibly exposed a person to rabies through a bite wound or other tissue invasion and that is found on the property of the owner or keeper may be removed from that property by the supervisor of animal health and public safety, or the supervisor's authorized representative, if such owner or keeper is not available, willing and able to surrender the animal for the observation required by section 14-41 or 14-42.

 

(d)     Any female dog in season and not confined in a building or solid enclosure as required by section 14-32 may be removed from the property of the owner or keeper to abate such nuisance.

 

(e)     Any dog on the property of an owner or keeper that is roaming free or that is not effectively physically restrained shall be deemed to be in violation of section 14-33 and may be removed from that property.

 

(f)     Search warrants.

 

(1) If the supervisor of animal health and public safety, or the supervisor's authorized representative, determines that an animal has been reported pursuant to section 14-41 as having exposed a person to the possibility of rabies by a bite wound and such animal is being hidden or concealed in violation of section 14-41 or an animal is being abused or neglected, and the animal is on private property, is not in plain sight and consent has been denied the supervisor or representative to enter the property take custody of the animal al for a rabies observation pursuant to section 14-41 or to inspect, care for or impound the abused or neglected animal, then the supervisor or representative, is authorized in the interest of public health to seek a warrant from a judge presiding in the Municipal Division, Kansas City, 16th Judicial Circuit Court of Missouri, to enter upon such private property, including any structure therein, to take custody of the animal for a rabies observation pursuant to section 14-41 or to inspect, care for, or impound neglected or abused animals. For the purposes of this subsection, denial of consent to enter private property shall include the failure to obtain such consent following reasonable attempts.

 

(2) Request for a warrant shall be in writing and shall state that the supervisor, or the supervisor's authorized representative, has probable cause to believe there exists upon private property, as described in the request, a violation or violations of provisions of this chapter by the hiding or concealing of an animal that has been reported pursuant to section 14-41 and that requires a rabies observation pursuant to such section or by the causing of neglect or abuse of an animal, and that such private property is within the territorial jurisdiction of the city. The request shall be verified by oath or affirmation.

 

(3) If the request for a warrant states evidential facts from which the judge can determine the existence of probable cause, then such judge shall issue a search warrant directed to the supervisor of animal health and public safety, or the supervisor's authorized representative, to search the private property therein described for the purposes requested. In determining if probable cause exists, the judge shall consider the requestor's account of the violation, including the specifics of any report received pursuant to section 1 4-41, or what such requestor saw, heard or smelled, and the nature of the alleged violation, including the threat to public health or safety, the cruelty being perpetrated on an animal or the suffering of an animal.

 

(4) The search warrant may be executed and returned only within ten days after the date of its issuance. The execution of the search warrant shall be with the assistance of the police, which is hereby authorized.

 

(5) Prior to entering upon private property to perform the search, the person executing the search warrant shall knock at the door or entrance where entry is to be made and shall announce that such person is an animal health and public safety officer executing a search warrant. If not permitted entry after knocking and announcing the search warrant is being executed, then the person executing such warrant may enter by reasonable force. For the purposes of this section, the term "reasonable force" means only the force necessary to remove a physical obstruction or barrier that is impeding entry onto private property or that is obstructing access to the animal being hidden or concealed in violation of section 14-41 or to the abused or neglected animal on such private property and includes the cutting of a lock, opening of a door or the moving of debris.

 

(6) The person authorized to search shall make a return promptly after concluding the search and such return shall contain an itemization of all violations of this chapter discovered pursuant to such search pertaining to any animal being hidden or concealed in violation of section 14-41 or to any abused or neglected animals.

 

(7) Refusal to allow entry upon presentation of a search warrant shall be an ordinance violation.

 

Sec. 14-16. Abuse or neglect of animals.

 

(a)     Adequate care required; inspections. No owner or keeper of an animal shall fail to provide the animal with adequate care, adequate food, adequate water, adequate health care and adequate shelter. Such shelter shall be clean, dry, shaded and compatible with the condition, age and species. An animal must also have the opportunity for adequate daily exercise as determined by the supervisor of animal health and public safety. This requires that an owner must offer some freedom from continuous chaining, stabling and tethering. Any restraint placed on an animal must be such that it prevents the animal from being tangled or injured by the restraint. Grooming of animals is also required so that they are free from dangerous matting which can affect their health. The area where animals are kept must also be kept free from unsanitary conditions, vermin-harboring debris, junk or any other dangerous protuberances which can provide an opportunity for injury or a danger to the animal's health. Any owner, keeper or harborer of an animal in this city, by the act of owning, keeping or harboring such animal, does thereby authorize the supervisor of animal health and public safety to enter the yard where such animal is kept if the supervisor of animal health and public safety reasonably believes that the animal is kept in an unlawful, negligent, cruel, abusive or inhumane manner, and to examine such animal and to seize and impound such animal at the municipal animal shelter when, in the examiner's opinion, it is being kept in an unlawful, negligent, cruel, abusive or inhumane manner. If an animal health and public safety officer can not view and observe the animal in plain sight, the owner, keeper or harborer, upon request, must exhibit for inspection any and all animals which are not in plain sight but are on or inside the premises.

 

(b)     Abuse of animals; fighting animals. No person shall beat, cruelly ill-treat, torment, tease, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dogfight, cockfight or other combat between animals or between animals and humans; and any animal so used shall be seized, impounded and promptly humanely destroyed. In addition, no person shall place or attempt to place an animal in an enclosure or in any other place for the purpose of fighting or combat. No person shall attend such unlawful exhibition or be umpire, judge or spectator at such exhibition.

 

(c)     Report of animals struck by motor vehicle. The operator of a motor vehicle which strikes any animal shall as soon as possible report the accident to the city at 274-2463.

 

(d)     Giving animal as prize or gratuity. No person shall offer to give or give a live animal as a prize or as a business inducement or any other form of gratuity.

 

(e)     Sale of baby fowl. Fowl younger than eight weeks of age may not be sold or offered for sale in a quantity of less than 25 birds to an individual purchaser. Vendors of such fowl shall provide and operate brooders or other heating devices as may be necessary to maintain the fowl in good health, and shall keep adequate food and water available to the fowl.

 

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 health and public safety to enforce any section of this chapter requiring licensure. A late registration fee of as specified in section 14-52 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. 14-29. 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 owner's or keeper's 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 $100,000.00 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 $100,000.00 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 $250,000.00 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 $250,000.00 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 30 days of cancellation, reduction of limits, or termination of coverage; and

 

d. Microchip. That a microchip has been placed into the dog by animal health and public safety for the purpose of registering such dog with animal health and public safety. The microchip shall contain the owner's, keeper's or harborer's animal health and public safety generated and assigned 'dangerous dog registration number' and such other information as required pursuant to the rules and regulations of animal health and public safety. Animal health and public safety shall keep records of the microchip placement and of the registration number.

 

(3) Declaration. The supervisor of animal health and public safety 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 health and public safety; or

 

3. Actions of the dog witnessed by any animal health and public safety 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 owner's, keeper's or harborer's 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.

 

d. 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 director's decision pursuant to this subsection, the owner, keeper or harborer shall be considered to have exhausted such owner's, keeper's or harborer's 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.

 

e. 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 health and public safety may, if circumstances require, impound the animal at the owner's, keeper's or harborer's 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 health and public safety 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 health and public safety is authorized to pro rate the license fee for the remainder of the first y ear 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 animal's age, weight, coloring, breed, and any other special identifying characteristics; and

2. Two 3" 5" 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 animal's 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 health and public safety that such license or renewal for such potentially dangerous dog is required, or until any appeal has bee n 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 health and public safety 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 48 inches and under the physical control of a person 18 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 t hat 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 18 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 health and public safety 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 health and public safety. 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 health and public safety.

 

(13) Impoundment, immediate.

a. The supervisor of animal health and public safety 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 health and public safety 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 health and public safety and thereafter destroyed in an expeditious and humane manner. Any such animal which is deemed uncatchable by the supervisor or an animal health and public safety 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 m ay include the use of tranquilizers which, depending upon the animal's 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 health and public safety 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 health and public safety, 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 health and public safety and shall list all premises to be guarded with the supervisor of animal health and public safety 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 health and public safety. Any dog which is in the custody of the supervisor of animal health and public safety, and which in the judgment of the supervisor of animal health and public safety 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 health and public safety.

 

(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 health and public safety to enforce that order, and the police department shall assist as may be required by the supervisor of animal health and public safety.

 

Sec. 14-31. Animals putting persons in fear or being maintained as public nuisance.

 

(a)     Pursuant to Charter authority at section 1(47) to regulate or prohibit the keeping or running at large of any animal or fowl, this chapter regulates the possession of all animals and fowl in this city and seeks to balance the consequences of the exercise of such privilege of possession with the right of all citizens to enjoy a normal urban environment free of reasonable fear or dogs or other animals possessed within this city.

 

(b)     No person shall own, keep or harbor any dog or other animal that is not securely confined, which by attempting to bite, jump upon, charge toward or otherwise threaten any other person shall cause such other person to have a reasonable fear of immediate serious physical injury. Any person cited pursuant to this subsection may state as a defense subject to proof that the threatening behavior of the animal was instigated or provoked by the complainant or that the fear expressed by the complainant was not a reasonable fear of immediate serious physical injury, and the court shall give any such defense such weight as the court in its judicial discretion finds to be appropriate in the circumstances of the case. Complaints under this subsection may only be lodged by an animal health and public safety officer.

 

(c)     It shall be a violation to maintain any animal or fowl within the city as a public nuisance as such is defined by the common law of the state, the statutes of the state or the ordinances of this city.

 

(d)     No person shall own, keep or harbor any dog or other animal or fowl in such manner as to hinder, obstruct or interfere with access to an outside utility meter, utility pole or mailbox by any authorized employee of the utility or postal service. Any dog or other animal or fowl so owned, kept or harbored as to hinder, obstruct or interfere with access to an outside utility meter, utility pole or mailbox may be removed by the supervisor of animal health and public safety and taken to the animal shelter, where it will be treated as a stray under this chapter.

 

(e)     It shall be the primary responsibility of the division of animal health and public safety to provide services as enumerated in subsections (a) through (d) of this section; however, in cases of immediate danger of physical injury or death to any persons, the division may call upon police personnel to assist in the handling of situations arising under this section. This section shall not be construed to impose regulation upon animals or fowl exempt from regulation pursuant to sections 14-45 or 14-46, nor shall it be construed to regulate dogs owned by any guard dog services registered as a business with the supervisor of animal health and public safety as provided for in section 14-29.

 

Sec. 14-34. Disposition of impounded animals.

 

(a)     Impounded dogs and other animals shall be kept for not less than five days and cats shall be kept for not less than two days except:

 

(1) When given to be disposed of by an owner, keeper or harborer, in which case the animal shall be held until the next calendar day before making a disposition.

 

(2) When an animal arrives at the shelter in so sick or injured a condition that, in the judgment of the supervisor of animal health and public safety or a licensed veterinarian, human compassion requires that the suffering be promptly ended. In such instance such time period shall not apply and the animal will be humanely euthanized to prevent needless suffering.

 

(b)     Whenever any dog or animal other than a cat shall remain in the animal shelter or at the place of impoundment of a designated representative for a period longer than five days from the impoundment of such dog or animal, or whenever any cat shall remain in the animal shelter or at the place of impoundment of a designated representative for a period longer than two days (except those animals impounded under authority of section 14-41 or 14-42, in which case such period may begin upon the expiration of the applicable observation period therein provided), the dog, animal or cat shall be disposed of in a humane manner by the supervisor of animal health and public safety. The times for holding provided in this subsection shall not include nonbusiness days or holidays.

 

(c)     The supervisor of animal health and public safety may, in lieu of having an unclaimed animal killed as provided in this section, give such animal into the custody of any adult requesting custody (animal adoption) of such specific animal as a pet after viewing it, provided that in the judgment of the supervisor the person will humanely care for such animal and will not permit its use for laboratory or experimental purposes. However, the provision regarding laboratory or experimental purposes shall not apply to dead animals. If more than one qualified person requests an animal, the supervisor of animal health and public safety may award it to the custody of the person making the highest and best bid. The supervisor of animal health and public safety may also at his or her discretion give an animal to an organization for charitable purposes, provided the supervisor is convinced that such organization will provide a good home.

 

(d)     No animal will be given to the custody of a person who, in the judgment of the supervisor, is requesting the animal with the intent to transfer ownership or sell it. Not more than two animals may be given into the custody of any individual or family per calendar year. These restrictions do not apply when, at the discretion of the supervisor, an animal is given to a not-for-profit charitable organization incorporated in the state which has as part of its mission the placement of animals in a good home. This discretionary transfer shall take place only after the animal has been made available to the general public and in lieu of euthanasia if no person has adopted the animal. Any such organization shall comply with all the requirements set forth in this chapter regarding the spaying or neutering, vaccination, and licensing of animals.

 

(e)     After selection of a dog or cat, but prior to delivery of custody of the animal, the supervisor of animal health and public safety shall collect an adoption fee as specified in section 14-52 and issue a receipt for such fee, for any unaltered animal adopted which fee will include the costs of spay or neutering, a rabies vaccination, and any other services provided by a licensed veterinarian under contract with the City. In the case where the animal is under 120 days old, the supervisor shall issue a certificate for a rabies vaccination which must be redeemed when the animal reaches 120 days. A date shall be entered on the receipt based on the animal's age as estimated by the supervisor of animal health and public safety, and such age shall be conclusively presumed correct for the purposes of and enforcement of this chapter.

 

Sec. 14-35. Impoundment fees.

 

An impound fee as specified in section 14-52 shall be charged when any animal is picked up by the supervisor of animal health and public safety and transported to the animal shelter or other city-designated place of impoundment. The fee for the care of any animal during the period of impoundment shall be at the rate specified in section 14-52; however, such fee shall be increased by the actual amount of any unusual expenses, including the fee for providing a rabies vaccination, incurred in either the impoundment or the care of the animal. An owner or keeper must pay these fees in full to obtain custody of his animal, but this payment is not required for animal adoption.

 

Sec. 14-36. Enforcement of certain provisions by director of neighborhood and

community services.

 

The director of neighborhood and community services, as well as the supervisor of animal health and public safety, is empowered to enforce sections 14-12, 14-14, 14-15, 14-18, 14-19, 14-28 and 14-37.

Sec. 14-37. Disposal of dead animals.

 

(a)     Responsibility of supervisor of animal health and public safety. The supervisor of animal health and public safety shall be responsible for the removal and disposal of small dead animals found within the city except as otherwise provided in this section. In this section, the term "dead animal" shall mean one not killed for food or no longer fit for food.

 

(b)     Removal of large dead animals. All large dead animals shall be removed by the owner or proprietor of the premises within 12 hours after the death of such animal. If not so removed, such animal may be removed by the supervisor of animal health and public safety at actual cost to the property owner or proprietor.

 

(c)     Removal and disposal of small dead animals. For the removal and disposal of small dead animals from animal hospitals, commercial establishments, laboratories and other similar places where animals are kept for commercial or scientific purposes, the fee for each animal shall be as specified in section 14-52. For the occasional removal and disposal of small dead animals from other premises, there shall be no charge. However, such animals shall be placed at curbside in a refuse bag after notifying animal health and public safety.

 

(d)     Payment of charges. Charges for dead animal removal as required in subsections (b) and (c) of this section are due and payable upon billing by the supervisor of animal health and public safety. The supervisor of animal health and public safety may refuse to collect dead animals as provided in subsections (b) and (c) of this section for failure to pay previous billings.

 

(e)     Access to property. On occupied property, the owner or the tenant thereof shall provide easy access to the subject animal for purposes of its removal.

 

(f)     Disposal required. No person owning or having in his possession the carcass of any animal not to be used for food shall permit the same to remain in or upon any street, sidewalk, park, public ground, private lot, or other place unless placed for pickup after having given notice to the city.

 

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 health and public safety 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 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 health and public safety. 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 health and public safety 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 health and public safety.

 

d. When an application for a permit is received, the supervisor of animal health and public safety 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 health and public safety 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 health and public safety 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 health and public safety 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. 14-41. Human exposure to rabies or other zoonotic disease--Animal bites

generally.

 

Any bite wound exposing an individual to the possibility of rabies or other zoonotic disease (referred to in this section as an "incident") shall be immediately reported to the supervisor of animal health and public safety by the victim, and by the owner, keeper or harborer of the animal if the incident is known to him. Any animal bite which requires medical treatment shall be reported within 24 hours to the director of health by the treating physician or hospital caring for the patient. It shall be the duty of the police department to promptly notify the supervisor of animal health and public safety of any such bite reported to the police. 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 an observation period stipulated by the director of health for the particular species of animal is over or such period is ruled unnecessary by the director of health. It shall be the duty of such owner or keeper, upon receiving notice of such incident, to immediately place the animal involved in a duly licensed veterinary medical facility, the address of which must be furnished the supervisor of animal health and public safety at once, or in the municipal animal shelter, where such animal shall be isolated and confined for observation. The owner or keeper of an animal involved in a biting incident shall be liable for the cost of confinement and observation. The death or any suspicious change in health or behavior of any such animal undergoing observation shall be reported immediately by the observing authority to the director of health or his designated representative. If a proper period of observation is undetermined or undeterminable for the species of animal involved in an incident, to protect the general public, the director of health is hereby empowered to order whatever laboratory examination of the animal or the animal's tissues is required by prudent medical practice, and no liability for damages shall arise from any injury to or the death of the animal occasioned by such laboratory examination. When an animal involved in an incident is outside the city, the director of health or the supervisor of animal health and public safety shall forward information concerning the incident to the appropriate authority of the jurisdiction of residence of the owner, keeper or harborer or the appropriate state health department for coordinated disease prevention.

 

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 health and public safety 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 a 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 health and public safety 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. 14-43. Same--Destruction of dangerous animals; impoundment or observation

of animals in transit.

 

(a)     If any dangerous, fierce or vicious dog, cat or other animal believed involved in an incident (as the term "incident" is used in sections 14-41 and 14-42) cannot be safely captured or prevented from escaping by usual means, such animal may be slain by a police officer or animal health and public safety officer if such is the officer's belief. In all cases where such animal may have exposed a person to rabies and is slain before the completion of the observation period stipulated for the species by the director of health, it shall be the duty of any person slaying such animal to forthwith deliver or cause to be delivered all the remains of such animal to the supervisor of animal health and public safety. A departure from this procedure must be requested of and authorized by the director of health.

 

(b)     For the purpose of disease or injury control, the supervisor of animal health and public safety is hereby empowered to impound and observe pets in transit through the city at the request of any official animal control agency, health officer or law enforcement agency of another jurisdiction.

 

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 health and public safety a domestic animal avocation permit to establish and maintain a hobby-kennel or a hobby-cattery containing not more than ten animals over the age of 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 50 yards of the lot or lots on which the proposed hobby-kennel is to be located, or which is within 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 health and public safety, 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 health and public safety 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 health and public safety two 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 health and public safety obtainable at city cost from the supervisor of animal health and public safety. 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 health and public safety. The supervisor of animal health and public safety 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 health and public safety before filing, and the supervisor of animal health and public safety shall then accept filing, except that 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 health and public safety 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 section issued pursuant to previous enactments of this code of ordinance section who have more than ten animals, but not more than 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 holder's hobby-kennel or hobby-cattery is decreased to ten animals. At such time as the animals in the permit holder's hobby-kennel or hobby-cattery are decreased to ten 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 section. The permit holder shall, upon the request of any city animal health and public safety 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 section onward. At such time as a permit holder is no longer allowed this exception, such permit holder shall be subject to the ten 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 health and public safety 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 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 50 yards of the lot or lots on which the proposed rescue kennel is to be located, or which is within 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 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 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 health and public safety.

 

(2) Identification tags. A domestic animal rescue kennel and rescue cattery permit holder shall be issued ten permanent identification tags by the supervisor of animal health and public safety. 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 health and public safety 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 health and public safety requesting revocation of the person's permit and the petition is signed by all the adult owners and tenants of any lot any part of which is within 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 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. 14-46. Animal shows.

 

(a)     Standards for operation. The customary and humane presentation of any circus, rodeo, horse or stock show, trained animal act or other similar traveling or temporary animal display or act shall be allowed so long as the operator of the show has procured a permit from the supervisor of animal health and public safety.

 

(b) Permit.

 

(1) Required; application. All operators of animal shows must procure a permit from the supervisor of animal health and public safety. This permit is a prerequisite to the issuance of an occupational license, if applicable, for such operator. A permit must be obtained for each show except that only one permit is required if the supervisor determines that the same show is being displayed on consecutive dates. Permit application forms shall be provided by the supervisor.

 

(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 show 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 show in a safe and humane manner.

 

b. The applicant provides proof that the location where the show will be held meets zoning, building and fire code requirements.

 

c. The applicant will specify the restraints to be used to prevent public contact with any dangerous or prohibited animal.

 

d. Each applicant for an animal show permit shall pay the permit fee specified in section 14-52 at the time of application.

 

(3) Inspections. Prior to authorizing a permit, the supervisor will inspect the proposed show location to examine its suitability for the intended use. The location shall also be inspected to determine whether appropriate restraints will be used during the show.

 

(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 this chapter, to falsify information requested in the application, or to refuse or deny access to any animal health and public safety officer for the purposes of inspection or complaint investigation with reference to granting, suspending or revoking an animal show permit. The supervisor of animal health and public safety 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.

 

Sec. 14-47. Identification of guard dogs; restraint of guard dogs in transit.

 

(a)     In addition to all other requirements of this chapter, each sentry or guard dog as defined at section 14-29(c) shall, at all times while being used as a sentry or guard dog, wear a collar bearing a bright red two-inch-diameter disc to warn the public. The supervisor of animal health and public safety shall sell such discs for the amount specified in section 14-52 each, or the owner or keeper of each such dog may supply and use a disc of similar appearance subject to such disc being determined to be similar in appearance and durability by the supervisor of animal health and public safety.

 

(b)     Sentry or guard dogs as defined at section 14-29(c) shall be effectively restrained to prevent escape when in transit and while being loaded and unloaded at the premises guarded.

 

(c)     Failure to comply with either subsection (a) or subsection (b) of this section is a violation of this chapter.

 

Sec. 14-48. Rescue of animals left in vehicle under dangerous weather conditions.

 

Whenever any animal is found confined in a motor vehicle in a public place under weather conditions that endanger its life as determined by the supervisor of animal health and public safety, such is a violation of this section. The supervisor of animal health and public safety is hereby authorized, with assistance from the police, which is hereby authorized, to enter such vehicle and rescue such animal and thereafter impound it in accordance with section 14-34. A prominent written notice shall be left on or in the vehicle advising that the animal has been removed under the authority of this section and impounded in accordance with section 14-34 at the municipal animal shelter.

 

Sec. 14-50. Giving false or misleading information.

 

(a)     Giving false or misleading information with respect to information required by any section of this chapter is a violation of the chapter and punishable by a fine of $100.00.

 

(b)     No person shall deny, prevent, obstruct or attempt to deny, prevent or obstruct an animal health and public safety officer or official in the performance of his or her duties under this chapter. Violation of this subsection is punishable by a fine of not less than $100.00.

 


Sec. 76-241. Sightseeing vehicle operations.

 

All permit holders of animal-drawn sightseeing vehicles must abide by and comply with the following:

 

(1) A sightseeing vehicle shall not cruise in search of patronage and shall not be used for point-to-point transportation of passengers or goods. All sightseeing vehicles shall be returned to their regular place or garage or point of origin of the regularly scheduled tour between hires.

 

(2) The routes or areas of operation and hours thereof of nonmotorized sightseeing vehicles must be approved in advance by the director at least ten days prior to the proposed time and date of operation. All permits issued under this division may be used on all such routes or areas of operation, except that no more than 20 single-horse driven, nonmotorized sightseeing vehicles shall be authorized to operate on routes within the area bounded on 47th Street, Ward Parkway, Jefferson and Nichols Parkway, or an area to be later determined and authorized by the city, which authority shall be granted by temporary permit pursuant to section 410 of the City Charter.

 

(3) Permit holders may operate no more than ten single-animal driven, nonmotorized sightseeing vehicles at any one time on authorized routes. Permit holders must obtain written authorization from the director to leave established routes on a trip-by-trip basis to accommodate special events. A written request, on a form provided by the department, must be filed with the director at least ten days prior to the event date. In addition to the ten single-animal vehicles allowed for operation under this section, each permit holder may be permitted to operate a team carriage requiring two or more animals to operate during ten, preapproved days of each city fiscal year. A written request, on a form provided by the department, must be filed with the director at least ten days prior to the event date. In addition to the ten single-animal vehicles allowed for operation under this section, each permit holder may be permitted to operate a team carriage requiring two or more animals to operate during ten, preapproved days of e ach city fiscal year. A written request, on a form provided by the department, must be filed with the director at least ten days prior to the event date. In addition to the ten single-animal vehicles allowed for operation under this section, each permit holder may be permitted to operate up to two team carriages requiring two animals to operate during the following dates: the Wednesday, Thursday, Friday, Saturday and Sunday of the Thanksgiving weekend, each Friday, Saturday and Sunday during the month of December; December 24, December 31, and the first Friday, Saturday and Sunday of the month of January.

 

(4) Only employees of the permit holder shall be allowed to sit in the front seat of the vehicle. No one shall be allowed to ride in the area behind the certified siting area of each carriage.

 

(5) A driver must maintain control of the horse or horses by securely holding the reins in his or her hand at all times while in operation.

 

(6) Carriage horses shall not be in operation for more than six hours in any continuous 24-hour period and they shall be rested a minimum of 15 minutes for every two hours worked. Water must be made available at the staging area to each animal after every trip.

 

(7) Horses shall not be worked when the temperature exceeds 95 degrees Fahrenheit or falls below five degrees Fahrenheit. Horses shall be blanketed when the temperature reaches 20 degrees Fahrenheit or less. The blankets used shall be of waterproof turnout type, of one thousand denier cordura on the outershell, quilted or fleeced and moisture absorbent on the innershell.

 

(8) Whenever any animal identified under provision of section 76-242(a) dies, its death must be reported in writing to the director within 48 hours. Permit holders shall make the necessary arrangements for an immediate autopsy, including histopathology, of the death animal and shall submit its results to the director.

 

(9) Any accidents involving the animals or carriages shall be reported in writing to the director on a form provided by the department within ten hours of such accident. Any carriage involved in an accident shall be inspected and approved by the director before it can be placed in service again.

 

(10) Every permit holder shall furnish the address and location of its stable to the director. The stabling of horses shall comply with all recommendations outlined in the Carriage Operators of North America Rules of Operation and the care provisions of the Animal Health and Public Safety Code of the city.

 

Sec. 76-242. Care of animals used for nonmotorized sightseeing vehicles.

 

(a) Identification of animals. Before any animal is brought into service by a permit holder under this division, the permit holder shall assign a different number to each such animal which the permit holder intends to use, and shall affix the number assigned to each such animal by some appropriate method so that the number may not be easily removed or lost to ensure that the assigned number will remain on the animal to which it is assigned at all times as a positive means of identification which may be safely read at a distance of not less than three feet by a person with normal eyesight without touching the animal. Such number shall be used to identify each animal in all reports required by this section.

 

(b) Examination of animals by veterinarian; certification of suitability. Before any animal is brought into service by the permit holder, the permit holder shall have it examined by a licensed veterinarian, to be commissioned by the city for such purposes, and who specializes in equine medicine. After the first examination every animal shall be held from service for 20 days. At the end of the 21-day holding period, the veterinarian shall conduct a second examination and shall certify in writing that the animal is suited for the use intended by the permit holder. Such certification shall identify the animal by the number provided for in subsection (a) of this section, by name and by physical description, and such certification shall specify the approximate hour of the day for and the specific minimum duration of mandatory rest periods, feeding and watering schedules and workload limits, stated in terms of adult passengers, for each type of carriage the animal will be required to pull, the permissible duration of the workday for each such animal stated in hours, and such other standards and requirements, taking into account such things as temperature extremes and terrain, as shall, in his or her professional judgment, be necessary to ensure the animal's well-being. For the purposes of this section, adult passengers shall include children, except infants carried by their parents, who shall not be counted for the purposes of calculating load limits. Each animal used by the permit holder shall be reexamined at least every three months by a licensed veterinarian specializing in equine medicine and approved for service in accordance with the standards established for that animal pursuant to this subsection, or in accordance with new standards as may be found necessary upon examination to ensure the animal's well-being. The autumn (pre-holiday season) and spring examinations shall be performed by a veterinarian to be commissioned by the city for such purposes. A copy of all such certificates, reports and approvals shall be filed with the director by the permit holder. All costs associated wit h the examination of animals as required in this subsection, including those performed by veterinarians commissioned by the city, shall be the exclusive responsibility of the respective permit holder.

 

(c) Vehicle log. Before the permit holder shall place any carriage or other horse-drawn conveyance into service, the permit holder shall identify such vehicle with the initials of the permit holder's name, followed by a dash and a number which shall not be the same as is used on any other horse-drawn sightseeing vehicle of the permit holder, with such letters and numbers being similar in size to those used on motor vehicle license plates by the state. Such identification shall be placed on the rear of each such vehicle and shall be of a color which contrasts with the background to ensure legibility from a distance. The driver of each such horse-drawn sightseeing vehicle shall maintain a current log in and for each such vehicle, identifying the vehicle and the animals being driven, periods of work and rest, number of trips per work period, number of passengers on each trip, and duration of each trip, and the load limit set by the permit holder's veterinarian for such vehicle with the animal being used. This log shall be presented, on request at any time, to the director or the animal health and public safety supervisor, or their investigators or enforcement officers. The driver shall log each entry required on a basis concurrent with the event. The driver shall display in or on the vehicle, in plain view of the passengers, a sign clearly specifying the maximum load limit of the vehicle. The permit holder shall be responsible to see that the drivers comply with the requirements of this subsection.

 

(d) Authority of enforcement officers. The director and the animal health and public safety supervisor and their investigators and enforcement officers shall have the right to inspect the records of the permit holder at all times. They shall also have the right to require the permit holder or any driver of a horse-drawn sightseeing vehicle to remove from service any animal which is ill, overtired, undernourished, overloaded, injured or lame, in the opinion of a licensed veterinarian who specializes in equine medicine, or in the opinion of any such investigator or enforcement officer when, in the opinion of such investigator or officer, such an emergency exists that the animal's life or health is threatened.

 

(e) Violations.

(1) It shall be unlawful for any person to violate or to fail, neglect or refuse to comply with any provision, regulation or requirement of this division.

 

(2) A complaint may be initiated by filing a general ordinance summons in municipal court, based upon the director's own knowledge or information and belief; or upon a complaint signed by the witnessing complainant who shall be subpoenaed to testify.

(3) In addition to other penalties provided in this Code, repeated violations of this section shall constitute evidence of the permit holder's inability to conduct business in accordance with the requirements of this article for purposes of revocation or renewal of permits required by this article.

 

(f) Permitted animals. Certification of animals in accordance with subsection (b) of this section as being suited for the use intended by the permit holder shall be limited to animals weighing at least 1,000 pounds which are draft horse or draft crossbred-type animals. No stallions or pregnant mares may be used, except those already certified at the time of the passage of this division. Only those animals found by the veterinarian to have appropriate temperament for working with people and in traffic shall be certified.

 

____________________________________________________

 

Approved as to form and legality:

 

 

__________________________________

Nicole Rowlette

Assistant City Attorney