ORDINANCE NO. 100611

 

Amending Chapter 14, Code of Ordinances, by enacting a new Section 14-61, Interference and/or Abuse of a Police Service Animal.

 

WHEREAS, the interference or causing of physical harm and/or abuse of police service animals is a continuing problem within the City; and

 

WHEREAS, the Kansas City Police Department’s Mounted Patrol section has encountered at least two incidents of police horses being struck by suspects and is concerned about the protection of police horses and the safety of their handlers; and

 

WHEREAS, police service animals serve their communities alongside their human partners. They are active members of law enforcement, yet they are treated as simple items of property by the law if maltreated, injured, or killed while performing the tasks required of them; and

 

WHEREAS, the City Council desires to enact an ordinance prohibiting any person from causing or attempting to cause bodily injury or death to a police service animal, interfering with or obstructing or attempting such to a police service animal and/or its handler, and releasing from or trespassing within a police service animal’s area of control; and

 

WHEREAS, an ordinance prohibiting interference and/or abuse of police service animals would be in the best interests of public health, safety, and welfare in protecting police service animals and their handlers; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 14, Code of Ordinances of the City of Kansas City, Missouri, be amended by enacting a new Section 14-61, Interference and/or Abuse of a Police Service Animal:

 

Sec. 14-61. Interference and/or Abuse of a Police Service Animal.

 

(a)    Definitions. As used in this section, the following terms shall mean:

 

(1)               Area of control means a vehicle, kennel, pen, enclosure or other surroundings in which a police service animal is temporarily or regularly kept or maintained;

 

(2)               Handler means an officer of a law enforcement agency who has been trained in law enforcement activities, performs law enforcement-related duties and uses a police service animal in the performance of those duties;

 

(3)               Police service animal means any dog or horse used by a law enforcement agency, which is specially trained for law enforcement work, or any animal contracted to assist a law enforcement agency in the performance of law enforcement duties.

 

(b)   It shall be unlawful to:

 

(1)               Cause bodily injury or death to a police service animal;

 

(2)               Engage in any conduct likely to cause bodily injury or death to a police service animal;

 

(3)               Lay out, place or administer any poison, trap, substance or object which is likely to cause bodily injury or death to a police service animal;

 

(4)               Taunt, torment, strike or otherwise assault a police service animal;

 

(5)               Throw any object or substance at, or in the path of, a police service animal;

 

(6)               Interfere with or obstruct a police service animal, or attempt such interference or obstruction;

 

(7)               Interfere with a handler in such a manner as to inhibit, restrict or deprive the handler of his or her control of a police service animal;

 

(8)               Release a police service animal from its area of control, or to trespass within such area;

 

(9)               Place any food, object or substance into a police service animal’s area of control without the permission of the handler.

 

(c)    A police service animal is exempt from quarantine or other animal control ordinances if it bites any person while under proper law enforcement supervision or routine veterinary care. The law enforcement agency and the animal’s handler shall make the animal available for examination at any reasonable time and shall notify the local health officer if the animal exhibits any abnormal behavior.

 

(d)   A police service animal must comply with immunization requirements provided for in section 14-24; however, a police service animal, while under proper law enforcement supervision, is exempt from all other ordinances that usually apply to animals.

 

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Approved as to form and legality:

 

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Kathy Adams

Assistant City Attorney