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Legislation #: 090993 Introduction Date: 12/3/2009
Type: Ordinance Effective Date: 1/17/2010
Sponsor: None
Title: Amending Chapter 14, Code of Ordinances, by adding a new subsection 2 to Section 14-52, Schedule of user fees, relating to Neighborhood and Community Services Department animal health and public safety fees for various permits that had been inadvertently removed by Ordinance No. 070246 and amending Section 14-1, Definitions, relating to animal health and public safety definitions of an animal shelter.

Legislation History
DateMinutesDescription
11/30/2009 Filed by the Clerk's office
12/3/2009 Referred to Public Safety and Neighborhoods Committee
12/16/2009 Do Pass
12/17/2009 Assigned to Third Read Calendar
1/7/2010 Passed

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ORDINANCE NO. 090993

 

Amending Chapter 14, Code of Ordinances, by adding a new subsection 2 to Section 14-52, Schedule of user fees, relating to Neighborhood and Community Services Department animal health and public safety fees for various permits that had been inadvertently removed by Ordinance No. 070246 and amending Section 14-1, Definitions, relating to animal health and public safety definitions of an animal shelter.

 

WHEREAS, Ordinance No. 070246 imposed an increase of animal health and public safety fees to reflect the costs involved with the continual inspections and investigations by animal control inspectors for both the public and animal safety and welfare; and

 

WHEREAS, Ordinance No. 070246 inadvertently removed the fees for animal show permits, domestic animal avocation permits, commercial animal establishment permits and domestic animal rescue kennel and rescue cattery permits; and

 

WHEREAS, the fees for these permits are necessary to fund the inspections and investigation by animal control inspectors; 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, is hereby amended by adding back subsection (2) titled “Permits” that was inadvertently left out of Section 14-52 in Ordinance No. 070246, to read as follows:

 

Sec. 14-52. Schedule of user fees.

 

The schedule of user fees authorized by this chapter is as follows:

 

(1)               Pet licenses:

 

a.                   One-year licensing period for a spayed or neutered pet (if written proof that the animal has been spayed or neutered is supplied by the applicant) . . . $10.00

 

b.                  One-year licensing period of a pet not spayed or neutered . . . $33.00

 

c. Three-year licensing period for a spayed or neutered pet (if written proof that the animal has been spayed or neutered is supplied by the applicant) . . . $27.00

 

d. Three-year licensing period for a pet not spayed or neutered . . . $99.00

 

e. Late registration fee . . . $25.00

 

f. Replacement tags . . . $5.00

 

g. Guard dog tags . . . $5.00

 

h. Potentially dangerous dog . . . $100.00

Annual renewal . . . $50.00

 

i. Dangerous dog. . . $250.00

Annual renewal . . . $50.00

 

(2) Permits:

a. Animal show permit . . . $100.00

 

b. Domestic animal avocation permit . . . $100.00

 

1. Delinquent roster . . . $10.00

 

2. Tag for each animal on roster . . . $5.00

 

c. Commercial animal establishment . . . $100.00

 

d. Domestic animal rescue kennel and rescue cattery permit . . . $100.00

 

(3) Shelter fees:

 

a. Impound fee for a spayed or neutered animal . . . $25.00

 

b. Impound fee for an animal not spayed or neutered . . . $100.00 (fee includes optional spay or neuter surgery performed by Animal Health and Public Safety for the impounded animal; refusal of the spay or neuter surgery does not reduce the fee)

 

c. Daily charge for an impounded spayed or neutered small animal . . . $10.00

 

d. Daily charge for a small animal not spayed or neutered . . . $15.00 ($5.00 fee differential for unaltered animal will be waived if owner agrees to have the animal spayed or neutered by Animal Health & Public Safety upon payment of the $100.00 impound fee)

 

e. Daily charge for a spayed or neutered animal impounded for rabies observation . . . $15.00

 

f. Daily charge for an animal impounded for rabies observation that is not spayed or neutered . . . $20.00($5.00 fee differential for an unaltered animal will be waived if owner agrees to have the animal spayed or neutered by Animal Health & Public Safety upon payment of the $100.00 impound fee)

 

g. Daily charge, livestock, large animal . . . $25.00

 

h. Rabies vaccination . . . $15.00

 

i. Impound fee for spayed or neutered potentially dangerous dog or spayed or neutered dangerous dog . . . $50.00

 

j. Impound fee for potentially dangerous dog or dangerous dog that is not spayed or neutered . . . $100.00 (fee includes optional spay or neuter surgery performed by Animal Health and Public Safety for the impounded animal; refusal of the spay or neuter surgery does not reduce the fee)

 

k. Daily charge for a spayed or neutered potentially dangerous dog or dangerous dog . . . $20.00

 

l. Daily charge for a potentially dangerous dog or dangerous dog that is not spayed or neutered . . . $25.00 ($5.00 fee differential for unaltered dog will be waived if owner agrees to have the dog spayed or neutered by Animal Health and Public Safety upon payment of the $100.00 impound fee)

 

m. Drop-off fee for an animal brought to and given over to the custody of animal health and public safety by someone not requesting euthanization . . . $10.00

 

n. Drop-off fee for an animal brought to and given over to the custody of animal health and public safety by someone requesting euthanization . . . $25.00

 

o. Drop-off fee for an animal brought to and given over to the custody of animal health and public safety by a commercial animal removal service registered with the supervisor of Animal Health and Public Safety . . . $25.00

 

(4) Dead animal disposal:

 

a. Picked up at site . . . $25.00

 

b. Received at animal shelter . . . $15.00

 

c. Large animal . . . cost of removal

 

(5) Adoption fees:

 

a. Dogs . . . $100.00

 

b. Cats . . . $65.00

 

(6) The city manager shall have authority annually to adjust the fees listed above to reflect an increase equal to an increase in the consumer price index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics, provided that the increases are reflective of the costs involved. If costs fall below the fees being charge, the fees shall be reduced so that they are equal to or less than the costs. The adjustments shall be made annually by the city manager in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

(7) All fees imposed by this section are owed the city when due and may be recovered by the city as any other debt is recoverable.

 

(8) Only commercial animal removal services that are registered with the supervisor of Animal Health and Public Safety shall be allowed to deliver animals into the custody of Animal Health and Public Safety. The supervisor of Animal Health and Public Safety shall charge a $100.00 administrative fee for registering an animal removal service. An animal removal service is a person, corporation or business entity engaged in a commercial activity that includes the removal of animals from the property of its customers.

 

(9) Refunds: There shall be no refund of any fee paid pursuant to this section.

 

Section 2. That Chapter 14, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 14-1, Definitions, and enacting in lieu thereof a new section of like number and subject matter, 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., 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 contractor 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.

 

_____________________________________________

 

Approved as to form and legality:

 

 

________________________________

Kathy K. Adams

Assistant City Attorney