[R.O. 1996 § 210.011; Code 1985, § 73.010; CC 1990 § 4-1; Ord. No. 555 § 1, 4-27-1987; Ord. No. 1652 § 1, 6-28-2004; Ord. No. 1809, 1-23-2006; Ord. No. 2002, 11-24-2008]
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:
To cease to provide physical control, adequate shelter, adequate food, adequate water and adequate health care for an animal without having provided that such care, custody and physical control of such animal has been transferred to another person. This shall include not redeeming a dog, cat or other animal at an animal shelter or kennel.
Normal and prudent attention to the needs of an animal, including that care which is normally necessary to maintain good health in the specific species of animal or fowl.
To reasonably restrain or govern an animal so that the animal does not injure itself, any person, any other animal or property.
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.
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.
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.
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.
Any live, vertebrate creature, domestic or wild, other than humans; including dogs and cats as further defined in Section 210.160.
An officer or agent designated by the City of Grain Valley to enforce this Chapter.
Any system of animal identification approved by the Finance Director, which do not involve alteration or permanent marking of an animal.
The facility or facilities operated by or contracted for by the City or its authorized agents for the purpose of impounding or caring for animals held under the authority of this Chapter or State law and in charge of a Shelter Superintendent employed by or duly authorized to act as such by the City.
A dog, cat or other animal deemed to be at large when off the property of the owner and not under restraint.
Any pet shop, grooming shop, auction, riding school, stable, kennel, guard dog service, dog trainer or business keeping animals in stock for retail or wholesale trade, or any establishment performing one (1) or more of the principal activities of the aforementioned establishments.
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.
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.
A small, elongated, fur-covered mammal that is domesticated.
Any and all fowl, domesticated and wild, male and female, singular and plural.
Offering asylum, refuge or sanctuary to any animal on a basis so temporary as to not be deemed to be owning or keeping.
An adult and competent human.
A person or group that has been harboring, feeding or sheltering any animal for three (3) or more consecutive days or professing ownership of such animal.
Any animal (or group of animals which contains any animal) which:
Molests any passersby or chases passing vehicles including bicycles.
Is deemed dangerous as defined within this Chapter.
Is in heat and not properly confined as provided in this Chapter.
Is not under restraint as defined within this Chapter.
Damages public or private property.
Barks, whines or howls in an excessive fashion, which is hereby defined as continuous or untimely so as to disturb the peace of an individual who is a neighbor [a "neighbor" for this purpose is hereby defined as an individual residing in a residence structure which is within one hundred (100) yards of the property on which the animal is kept or harbored] and who does in writing state that he/she will so testify, if called upon to testify about such matter under oath.
Is ridden on public property without permission of the City or which obstructs or interferes with vehicular or pedestrian traffic.
Causes injury to a person.
Threatens or causes a condition which endangers public health.
Impedes refuse collection by ripping any bag or tipping any container of such or interferes with the collector thereof.
Attacks any other animal.
Monkey, baboon, ape, lemur, etc.
Within a fully enclosed or fenced area or under the handheld leash of the owner, keeper, harborer or maintainer, or on a leash confining such dog, cat or animal to the yard of its owner which allows animal no closer than five (5) feet of City right-of-way or to property adjacent to the premises on which the dog is kept.
Free from elements, such as accumulation of feces, filth or pathogens that endanger health.
The Chief of Police or designee shall act as the Supervisor of Animal Control and staff assigned to work under the direct control of the Supervisor of Animal Control, who may act through staff to perform any duty under this Chapter unless otherwise specifically stated.
Any animal that is predominantly free-roaming, as opposed to domesticated.