[R.O. 1996 § 215.010; CC 1968 § 4-14; Ord. No. 1136 § 2, 2-1-1982; Ord. No. 1562 § 1, 9-15-1986; Ord. No. 1688 § 2, 12-7-1987; Ord. No. 2493 § 1, 9-19-1994; Ord. No. 3179 § 1, 11-1-1999]
As used in this Chapter the following terms shall have these prescribed meanings:
- Leaving a dog, cat or other animal in the City and not providing food, water or shelter. This shall include not redeeming a dog, cat or other animal at an animal shelter or kennel.
- Any living, vertebrate creature, domestic or wild, other than lobster, shrimp, clams, fish in an aquarium, and humans.
- ANIMAL CONTROL OFFICER
- An officer or agent designated by the City of Blue Springs to enforce this Chapter and may include a Police Officer.
- AT LARGE
- A dog, cat or other animal shall be deemed to be at large when off the property of the owner and not under restraint.
- DANGEROUS ANIMAL
- Any animal having evidenced a disposition, propensity or tendency to attack or bite any person or other animal without provocation, or any animal which, without provocation, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; or any animal which is wild by nature and of a species which, due to size, vicious nature or other characteristics, constitutes a danger to human life, physical well-being, or property; or any animal which has been found to be vicious, dangerous, or a danger or menace to persons or other animals by a court of law of another jurisdiction after a hearing or upon a plea agreement is hereby deemed to be a dangerous animal. For the purpose of this Chapter, where the official records of the Animal Control Office or the Police Department of this City or any other jurisdiction establish that an animal has bitten any person or other animal on one (1) or more separate occasions without provocation, such evidence shall be prima facie evidence that said animal is a dangerous animal. In making a determination as to whether an animal is dangerous, elements that may be considered, but are not required to be, are provocation, location of the event, reason for the attack, whether the animal is acting protectively, whether the animal was tormented or abused, the seriousness of an attack, and previous attacks.
- EXPOSED TO RABIES
- Shall mean bitten by, or fought with, or has come in close contact with an animal showing symptoms of rabies.
- HUMANE MANNER
- Care of an animal to include, but not be limited to, adequate heat, ventilation and sanitary shelter, wholesome food and water, consistent with the normal requirements and feeding habits of the animal's size, species and breed.
- An establishment kept for the purpose of breeding, selling, or boarding dogs or cats or engaging in training dogs or cats.
- Rendered permanently incapable of reproduction.
- The person having the right of property or custody of a dog, cat, or animal or who keeps or harbors a dog, cat, or animal or knowingly permits a dog, cat or animal to remain on or about any premises occupied by that person.
- A dog, cat, or animal is under restraint if it is within a fully enclosed or fenced area or under the handheld leash of owner or agent of the owner, or on a leash confining such dog, cat, or animal to the yard of its owner.
- SPAYED FEMALE DOG OR CAT
- A female dog or cat certified by a licensed veterinarian to have been spayed.
- VICIOUS ANIMAL
- A dog, cat, or animal that constitutes a physical threat to humans or other domestic animals.
[R.O. 1996 § 215.020; CC 1968 § 4-15; Ord. No. 1136 § 2, 2-1-1982]
The provisions of this Chapter shall be enforced by Police and/or Animal Control Officers.
[R.O. 1996 § 215.030; CC 1968 § 4-16; Ord. No. 1136 § 2, 2-1-1982]
It shall be unlawful for any person to own, keep or harbor more than four (4) adult animals over the age of six (6) months in a zoned residential neighborhood. Five (5) or more animals will constitute a commercial kennel and require proper zoning and an occupational license issued by the City License Collector.
[R.O. 1996 § 215.040; CC 1968 § 4-17; Ord. No. 1136 § 2, 2-1-1982; Ord. No. 2493 § 2, 9-19-1994; Ord. No. 3956 § 1, 5-15-2006]
A dog or cat or other animal owner, or a person having charge, care, control or custody of any dog, cat or other animal, shall keep their dog, cat, or other animal under restraint at all times. The foregoing shall not apply to a "Seeing Eye dog" actually being used by a blind person, a "signal dog" actually being used by a hearing impaired person, or a "service dog" actually being used by a handicapped person, or a Police dog being used by any Federal, State, County, City or City and County Law Enforcement Agency for any law enforcement purpose, or a dog within the fenced in area of an area designated and posted as a dog park by the City of Blue Springs so long as such dog does not harm or damage, or threaten to harm or damage, any person or animal on public or private property.
[R.O. 1996 § 215.050; CC 1968 § 4-20; Ord. No. 1136 § 2, 2-1-1982; Ord. No. 2493 § 3, 9-19-1994; Ord. No. 2502 § 1, 10-5-1994]
The owner of a dog, cat or other animal shall provide it with humane shelter from heat, cold, rain, wind and snow, and shall give it food and water adequate to keep the animal in good health and comfort. Animal shelters, to include dog houses and kennels, must be soundly constructed, dry and provided in cold weather with clean bedding. All dogs or cats must be given an opportunity for vigorous daily exercise and must be provided by their owners with veterinary care when needed to prevent suffering. No owner shall permit a dog or cat to bark, howl, meow or cry, in such a manner that it annoys or disturbs a reasonable man. No owner shall allow to accumulate excrement or other waste material such that either the odor or smell of the same is offensive to a reasonable man located off the owner's property, or the condition creates a health hazard to man or animal, or unreasonably interferes with the normal enjoyment of another person's property. No owner of a dog, cat or other animal shall abandon their dog, cat or animal.
[R.O. 1996 § 215.055; Ord. No. 3179 § 2, 11-1-1999]
It shall be unlawful for an owner of any animal to permit or allow it to defecate or deposit fecal matter on or upon private property (other than the owner's property), or on public walks, streets or recreation areas unless such waste is immediately removed and properly disposed of in a sanitary manner by the owner or the owner's agent.
[R.O. 1996 § 215.060; CC 1968 § 4-2; Ord. No. 1136 § 2, 2-1-1982]
It shall be unlawful for any person within the City to inhumanely, cruelly or unreasonably whip, beat or abuse any animal.
[R.O. 1996 § 215.070; CC 1968 § 4-21; Ord. No. 1136 § 2, 2-1-1982]
It shall be the duty of every owner to confine any female dog or cat in heat within a building, in such a manner that the dog or cat will not be accessible to other dogs or cats except for planned breeding and will not attract male dogs or cats.
[R.O. 1996 § 215.080; CC 1968 § 4-22; Ord. No. 1136 § 2, 2-1-1982; Ord. No. 1737 § 1, 6-20-1988; Ord. No. 2493 § 4, 9-19-1994]
Every animal that has bitten any person or persons shall be immediately confined by the owner, who shall promptly notify a Police Officer or Animal Control Officer. The owners shall, upon demand by a Police Officer or Animal Control Officer, surrender any such animal for quarantine in the designated City Pound, or a licensed veterinary hospital, and shall be held responsible for all costs incurred during the quarantine period. The animal must, in any event, be quarantined for ten (10) days. The owner shall pay all boarding fees and costs of having their animal vaccinated against rabies, if any, before release from kennel.
When bitten by a rabid animal, unvaccinated animals should be destroyed immediately. If the owner is unwilling to have this done, the unvaccinated animal shall be placed in strict isolation for six (6) months and shall be vaccinated one (1) month before being released. The owner shall pay the costs of the "strict isolation" and the vaccination.
[R.O. 1996 § 215.090; CC 1968 § 4-23; Ord. No. 1136 § 2, 2-1-1982; Ord. No. 2493 § 5, 9-19-1994]
No person shall kill a rabid animal exposed to rabies, nor remove such an animal from the City limits, without permission from the person in charge of animal control, except when it is necessary to kill such animal to prevent it from escaping or from biting any other animal or person.
[R.O. 1996 § 215.100; CC 1968 § 4-24; Ord. No. 1136 § 2, 2-1-1982; Ord. No. 2493 § 6, 9-19-1994]
The body of any animal dead of rabies, or having been exposed to rabies prior to death shall be surrendered by the owner upon demand of an Animal Control Officer.
[R.O. 1996 § 215.110; CC 1968 § 4-25; Ord. No. 1136 § 2, 2-1-1982; Ord. No. 2493 § 7, 9-19-1994]
Any Police Officer or Animal Control Officer is authorized to enter any premises where a dog, cat or other animal is kept or harbored to inspect conditions under which the dog, cat or animal is kept, and to require the owner to exhibit a veterinarian tag for a dog or cat. No person shall hinder, molest or interfere with any Police Officer or Animal Control Officer in the performance of their duties.
[R.O. 1996 § 215.120; CC 1968 § 4-26; Ord. No. 1136 § 2, 2-1-1982]
[R.O. 1996 § 215.125; Ord. No. 3179 § 3, 11-1-1999; Ord. No. 4769, 10-1-2018]
No livestock or farm animals, including poultry, even if considered pets by the owner, shall be kept in any residentially zoned district within the City of Blue Springs unless they are allowed and approved as a conditional use pursuant to Title IV of the Code of Ordinances, City of Blue Springs, Missouri.
[R.O. 1996 § 215.130; CC 1968 § 4-32; Ord. No. 2360 § 1, 7-19-1993; Ord. No. 3179 § 4, 11-1-1999]
A Vietnamese pot-bellied pig (Sus scrofa jubatus muller) of pure breed lineage shall not be considered "livestock" or a "farm animal" as said terms are used in Section 215.125 of the Code of Ordinances, City of Blue Springs, Missouri, so long as they are domesticated and they are a pet.
It shall be unlawful for any person to own, keep or harbor more than one (1) Vietnamese pot-bellied pig (Sus scrofa jubatus muller) in a zoned residential neighborhood.
Any Vietnamese pot-bellied pig (Sus scrofa jubatus muller) that is running at large or in violation of any other ordinance of the City of Blue Springs, Missouri, may be seized and impounded by any Police or Animal Control Officer and may be impounded in any animal shelter so designated by the City of Blue Springs.
If the owner of the Vietnamese pot-bellied pig (Sus scrofa jubatus muller) can be identified, the owner shall, if at all possible, be notified that the Vietnamese pot-bellied pig (Sus scrofa jubatus muller) has been impounded.
If a Vietnamese pot-bellied pig (Sus scrofa jubatus muller) that has been impounded is not redeemed by the owner within four (4) days after impoundment, counting only those days during which the shelter is open to the public, said Vietnamese potbellied pig (Sus scrofa jubatus muller) may be disposed of in one of the following ways:
"Humane killing," defined as the destruction of an animal accomplished by a method approved by the American Veterinary Medical Association's Panel on Euthanasia (JAVMA 173:59-72, 1978), or more recent additions; or
Release for adoption by a new owner who shows evidence of ability and intention to provide for the Vietnamese potbellied pig (Sus scrofa jubatus muller).
An owner redeeming a Vietnamese pot-bellied pig (Sus scrofa jubatus muller) from impoundment shall pay, before release, the prevailing board fee charged the City for each twenty-four (24) hours, or fraction thereof, that the Vietnamese pot-bellied pig (Sus scrofa jubatus muller) has been impounded. Any person found guilty of violating the provisions of this Section shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment. The court shall have the power to order the impoundment, release, removal from the City, return to the City or confinement by an individual of any animal seized, impounded or subject to a violation of this Section. The court shall have the power to assess the costs of boarding any animal that is impounded under this Section.
It shall be unlawful for any person to cause or allow a Vietnamese pot-bellied pig (Sus scrofa jubatus muller) to become pregnant within any residentially zoned area in Blue Springs, Missouri, or to remain in such area after becoming pregnant.
It shall be unlawful for any person to own, keep or harbor a Vietnamese pot-bellied pig (Sus scrofa jubatus muller) weighing more than one hundred twenty-five (125) pounds within a zoned residential neighborhood.
The burden of proving that a pig or swine is a Vietnamese pot-bellied pig (Sus scrofa jubatus muller) is on the owner or person harboring said animal.
[R.O. 1996 § 215.135; Ord. No. 3455 § 1, 2-4-2002]
A person commits the offense of knowingly releasing an animal if they, acting without the consent of the owner or custodian of an animal, intentionally release any animal that is lawfully confined for the purpose of companionship or protection of persons or property or for recreation, exhibition or educational purposes.
As used in this Section, "animal" means every living creature, domesticated or wild, but not including Homo sapiens.
The provisions of this Section shall not apply to a public servant acting in the course of such servant's official duties.