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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.
________________________________________________________
Approved
as to form and legality:
___________________________________
Assistant
City Attorney