COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 010288

Amending Chapter 14, Code of Ordinances, by repealing Sections 14-34, Disposition of impounded animals, and 14-37, Disposal of dead animals, by enacting in lieu thereof two new sections of like number and subject matter adjusting fees and requirements for payment.

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 repealing Sections 14-34, Disposition of impounded animals, and 14-37, Disposal of dead animals, by enacting in lieu thereof two new sections of like number and subject matter, to read as follows:

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 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 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. 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 control shall:

(1) Collect an adoption fee of up to 80.00 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 control, and such age shall be conclusively presumed correct for the purposes of and enforcement of this chapter.

(2) Collect an adoption fee of $30.00 and issue a receipt for such fee, for any altered animal adopted which fee will include the cost of a rabies vaccination. 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 control, and such age shall be conclusively presumed correct for the purposes of and enforcement of this chapter.

Sec. 14-37. Disposal of dead animals.

(a) Responsibility of supervisor of animal control. The supervisor of animal control 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 shall be removed by the director of public works 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 $15.00. 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 the city at 513-2331.

(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 control. The director of public works and the supervisor of animal control 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.

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Approved as to form and legality:

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Assistant City Attorney