ORDINANCE NO. 951372

 

Amending Chapter 14, Code of Ordinances of Kansas City, Missouri, commonly known as the Animal Code, by repealing Sections 14-1, 14-9, 14-13, 14-15, 14-16, 14-20, 14-33, 14-34, 14-38 and 14-45 and adopting in lieu thereof new sections of like number and subject matter.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 14, Code of Ordinances of Kansas City, Missouri, is hereby amended by repealing Sections 14-1, 14-9, 14-13, 14-15, 14-16, 14-20, 14-33, 14-34, 14-38 and 14-45 and enacting new sections to read as follows:

 

 

Sec. 14-1. Definitions.

 

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

 

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

 

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

 

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

 

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

 

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.

 

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.

 

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.

 

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

 

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

 

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.

 

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 successively achieve those qualities of domesticity required for the animal to live and/or work successfully with human beings.

 

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 control 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 control 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 forty-eight (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 14-34, including but not limited to giving such animal to a licensed refuge or zoo.

 

(b) Except insectivore animals, it is unlawful to keep or harbor any poisonous animal or any carnivorous or omnivorous animal including but not limited to nonhuman primates, all non-domestic 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, ferrets, foxes, crocodiles, alligators, caimans, ostriches, emus, and cassowaries. The only exclusion to this clause are domesticated 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.

 

(c) Nothing in this section shall prohibit a city-licensed commercial dealer from keeping such prohibited animals, so long as the animal is kept in an escape-proof container. However, all such licensed dealers within the city limits must prominently display a notice which states that the keeping or harboring of dangerous and prohibited animals by private citizens within the city is a violation of city ordinances.

 

Sec. 14-13. Vietnamese potbellied pigs.

 

(a) The term "swine" as used in section 14-12 and the definition of the term "large animal" in section 14-1 shall not include domesticated Vietnamese potbellied pigs acquired prior to November 1, 1995, of which one may be kept in residentially zoned areas of the city provided that males over the age of four weeks and females over the age of 120 days are neutered and adult pigs do not exceed 95 pounds in weight. All such animals must be of proven purebred lineage, and the owner must be able to produce litter papers to verify pedigree. In addition, pigs over the age of 120 days must be registered and licensed as required of dogs and cats in section 14-20. Upon approval of the voters of the city, fees for such licenses will be the same as required for dogs and cats. Such licenses must be obtained from the commissioner of revenue, who must receive a certificate of immunization from a licensed veterinarian that such Vietnamese potbellied pig has been vaccinated against pseudorabies prior to issuing such license.

 

(b) The following sections applicable to dogs shall also apply to domesticated Vietnamese potbellied pigs acquired prior to November 1, 1995: sections 14-20, 14-21, 14-23, 14-24, 14-25, 14-26, 14-27, 14-31, 14-32 and 14-33. Sections of this chapter applying to animals in general shall also apply to domesticated Vietnamese potbellied pigs.

 

(c) After November 1, 1995, all newly acquired Vietnamese potbellied pigs shall be maintained in accordance with sections 14-1 and 14-12 of this chapter.

 

Sec. 14-15. Keeping of small animals and fowl in pens.

 

(a) Location of pens; enclosure required. It shall be unlawful for any person to keep or maintain any chicken coop, dove cote, rabbit hutch or other pen, cage or enclosure for the housing of fowl or small animals, except dogs and cats, closer than 100 feet to the nearest portion of any building occupied by or in any way used by human beings, other than the dwelling occupied by the owner or keeper of the animals or fowl, or closer than 25 feet to the property line of the lot on which such fowl or animals are kept for sale within a bona fide produce market, commission house or store for purposes of trade and while so kept are confined in small coops, boxes or cages, or where such animals or fowl are kept for purposes of research in a laboratory. Animals and fowl so kept or maintained shall be enclosed on all sides and shall not be allowed to run or fly at large, except for homing pigeons.

 

(b) Control of odors. Every coop, dove cote, rabbit hutch or other yard establishment shall be kept so that no offensive, disagreeable or noxious smell or odor shall arise therefrom to the injury, annoyance or inconvenience of any inhabitants of the neighborhood.

 

(c) Storage and disposal of manure. Every coop, dove cote, rabbit hutch or other yard establishment shall be provided with a watertight and flytight receptacle for manure, of such dimension as to contain all accumulations thereof, which receptacle shall be emptied sufficiently often and in such manner as to prevent its becoming a nuisance. Such receptacle shall be securely covered at all times except when open during the deposit or removal of manure or refuse therefrom. No manure shall be allowed to accumulate except in such receptacle. All such manure, when removed from the receptacle, shall be buried with a covering of not less than six inches of earth, or, if used as fertilizer, thoroughly spaded into the ground, or shall be removed from the property.

 

(d) Maintenance of enclosures for fowl. All earthen yards or runways wherein fowl are kept or permitted to be shall be spaded and then limed once every three months from the month of April through the month of December. For the purpose of killing flies and other insects, all structures, pens or coops wherein fowl are kept or permitted to be shall be sprayed with such substances as will eliminate such insects.

 

(e) Condition of enclosure; inspections. Any structure, pen, coop or yard wherein animals or fowl are kept or permitted to be shall be maintained in a clean and sanitary condition, devoid of all rodents and vermin, and free from objectionable odors. The enclosed area of all such structures shall be constructed in such a way as to be dry at all times on the inside. The person maintaining any such structure, pen, coop or yard in the city does by such act of maintenance authorize the director of health to at any time inspect any such structure or premises and issue any such order as may be necessary to carry out the provisions of this section.

 

(f) Number of animals or fowl; keeping of roosters. Except where fowl, rabbits or other small animals are kept for sale within a bona fide produce market, commission house or store for the purpose of trade and while so kept are confined in small coops, boxes or cages, or where such animals or fowl are kept for purposes of research in a laboratory, or in areas zoned for agricultural use, it shall be unlawful for any person to keep or maintain, within 100 feet of the nearest portion of any dwelling or other building occupied by or in any way used by human beings except for a dwelling occupied by the owner or keeper of such animals, more than 15 chickens or other domestic fowl four months or more of age or 50 chicks or other domestic fowl under four months of age, or more than ten rabbits or other small animals over the age of four months, or more than 25 rabbits or other small animals under the age of four months. No rooster which crows shall be kept within 300 feet of any residence or dwelling except that of the owner or keeper.

 

(g) Authority to prescribe additional regulations. As to the keeping and harboring of chickens or other domestic fowl, for whatever purpose maintained, the director of health shall have authority to promulgate regulations to provide that such shall be kept in such a manner as to prevent a nuisance or health hazard.

 

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 control. 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 control to enter the yard where such animal is kept if the supervisor of animal control 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 control officer cannot 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 or cat over 120 days old to procure a license therefor from the commissioner of revenue. The receipt issued for the license shall constitute a certificate of registry and evidence of licensure for the keeping of such dog or cat within the city. The commissioner of revenue may delegate authority to the supervisor of animal control to enforce any section of this chapter requiring licensure. A delinquent fee of $10.00 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. 14-33. Dogs running at large prohibited.

 

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

 

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

 

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

 

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

 

 

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 control 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 killed 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 shall 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 control. The times for holding provided in this subsection shall not include nonbusiness days or holidays.

 

(c) The supervisor of animal control 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 control may award it to the custody of the person making the highest and best bid. The supervisor of animal control 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.

 

(e) After selection of a dog or cat, but prior to delivery of custody of the animal, the supervisor of animal control shall:

 

(1) Collect an adoption fee of $15.00 and issue a receipt for such fee, which shall constitute a temporary permit to keep the animal without license or tag for ten days

if it is over 120 days old or for ten days after the animal becomes 120 days old,

which date shall be entered on the receipt based on the animal's age as estimated by

the supervisor of animal control, and such age shall be conclusively presumed correct

for the purposes of and enforcement of this chapter.

 

(2) Collect a deposit of $20.00 for any unneutered or unspayed dog or cat and shall refund this deposit if and when within thirty (30) days the animal is licensed and

satisfactory proof from a licensed veterinarian is submitted that such animal has been

spayed or neutered as required by state law and this section of the city ordinance.

 

(3) Failure to spay or neuter an animal adopted from the municipal animal shelter within thirty (30) days without a written statement from a licensed veterinarian as to a

medical reason for noncompliance is a violation of this ordinance. If the animal

control division arranges for the spay/neutering and other veterinary care of an

impounded animal, the adoptor must pay all veterinary costs in lieu of the $20.00

deposit required by this section. The animal control division shall arrange such

veterinarian services for all animals which the supervisor of animal control deems

necessary to prevent the breeding of such animals.

 

Sec. 14-38. Animal markets.

 

No horse market shall be conducted or maintained in any block of ground in the city where a majority of the frontage of any side of such block is occupied and used for residential purposes. It shall further be unlawful to offer any animal for sale at auction unless the sale is done in a barn, stable or other covered enclosure. Where any animal is offered for sale at auction, the auctioneer so offering the animal for sale shall first make a minute description of such animal in a well-bound book, which book shall be at all times open to inspection by any officer of the city or police department; provided, however, that nothing in this section shall in any way alter or invalidate any common usage or procedure of the American Royal.

 

Sec. 14-45. Exemption for zoos and animal shows.

 

Nothing in this chapter shall be construed to regulate the owning, keeping or display of animals by governmental entities, as at the zoo in Swope Park, or to prohibit 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. However, at any such animal display, show or act, the operator or owner shall contain any dangerous or prohibited animal in a manner that prohibits public contact.

 

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Approved as to form and legality:

 

 

 

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Assistant City Attorney