[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:
ABANDON
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.
ANIMAL
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.
KENNEL
An establishment kept for the purpose of breeding, selling,
or boarding dogs or cats or engaging in training dogs or cats.
NEUTERED
Rendered permanently incapable of reproduction.
OWNER
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.
RESTRAINT
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.
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]
A. 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.
B. 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]
Hospitals, clinics and other facilities operated by licensed veterinarians for the care and treatment of animals are exempt from all provisions of this Chapter except Sections
215.070 through
215.100. The veterinarian tag provisions of this Chapter shall apply to non-residents of the City.
[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. 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.
C. 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.
D. 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.
E. 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.
F. 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:
1.
"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
2.
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).
G. 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.
H. 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.
I. 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.
J. 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. 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.
B. As used in this Section, "animal" means every living creature, domesticated
or wild, but not including Homo sapiens.
C. The provisions of this Section shall not apply to a public servant
acting in the course of such servant's official duties.
D. Any person who violates the provision of this Section shall be punished pursuant to Section
100.080 of this Code.