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.
_____________________________________________
Approved
as to form and legality:
___________________________________
Kathy
Adams
Assistant
City Attorney