Lee’s Summit, Missouri

Sec. 5-88. – Individual breeders.

Individual breeders are persons who own, keep, or maintain no more than two (2) dogs or cats and wish to breed those animals. All individual breeders must acquire an unaltered pet license for each animal that the permit holder owns, keeps, or maintains, and intends to use for breeding purposes, as provided by Division 4 of this article and shall be subject to all requirements thereunder.

Sec. 5-91. – Inspection of premises to be used for breeding purposes.

A. The department may inspect the premises to be used for breeding purposes and conduct the evaluation set forth in Section 5-89.D. The department shall give the applicant 24-hour notice of the inspection and shall conduct such inspection at a reasonable time when the applicant or his representative is present.

B. If the applicant refuses to allow the department to conduct such inspection, or cannot be contacted by the department to give notice of the inspection within two (2) weeks of its initial attempt, the application shall be denied.

C. Up to one year after issuing the breeding permit, the department shall have the option, on one or more occasions, to inspect the premises being used for breeding purposes to ensure that the conditions required to receive a permit are continuing to be met. The department shall give the permit holder 24-hour notice of the inspection and shall conduct such inspection at a reasonable time when the permit holder or his representative is present.

D. If the permit holder refuses to allow the department to conduct such inspection, or cannot be contacted by the department to give notice of the inspection within two (2) weeks of its initial attempt, the department will determine that the permit holder is conducting breeding activities in violation of this chapter, and the breeding permit shall be revoked.

E. This section shall not affect the department’s ability to conduct inspections pursuant to Sections 5-86 and 5-87.

Sec. 5-92. – Litter permits.

A. Breeding permit holders and individual breeders must apply for and obtain a litter permit for every litter produced by the breeding permit holder’s or individual breeder’s dogs. Breeding permit holders and individual breeders should apply to the department for a litter permit before the dogs are bred. A litter permit application should be accompanied by a litter permit fee, the amount set forth in the City’s Schedule of Fees and Charges. A litter permit should be applied for and granted for every litter to be produced by any animal owned, held, or maintained by the permit holder.

B. In the event that a permit holder or an individual breeder fails to apply for a permit before the female dog enters its gestation period, the department may issue the litter permit without penalty if it determines that the failure to acquire a permit was not in bad faith.

C. The department shall have the option of inspecting the premises in the manner set forth in Section 5-91 for an evaluation of the factors set forth in Section 5-89.D.

Sec. 5-93. – Litter permits for individual breeders.

Individual breeders shall be required to submit an application fee of a nominal amount, as set forth in the City’s Schedule of Fees and Charges, in order to receive their first litter permit. Any litter permit applications beyond the first litter permit must be accompanied by the application fee set forth in the City’s Schedule of Fees and Charges.

Sec. 5-94. – Enforcement of breeding and litter permit requirements.

Any person found breeding dogs without the required breeding and/or litter permits shall be in violation of this chapter and shall be subject to the following penalties:

A. Each dog involved in illegal breeding activities shall be impounded and held until any applicable licenses are issued and the dogs may be surgically altered.

B. A fine of no more than twenty dollars ($20.00) shall be imposed for each puppy that the illegal breeding activities produced.

C. The fines imposed under this section are in addition to any other fines that may be levied against the person under this chapter, and the person shall be responsible for costs related to impoundment, surgical alteration, or any other costs imposed by this chapter.

Sec. 5-138. – Fees for impounding, boarding, and adoption.

E. Any new owner adopting an impounded dog or cat shall first obtain a license for the dog or cat, and shall, in addition, pay the adoption fee as set forth in the City’s Schedule of Fees and Charges.

F. The adoption fee includes deposit of funds for sterilization, rabies vaccination, City license, microchip and adoption administration.

Sec. 5-141. – Mandatory spaying, neutering of dogs.

A. No person may own, keep, or maintain a dog over the age of six (6) months in violation of this section. An owner or custodian of an unaltered dog must have the dog spayed or neutered or obtain an unaltered dog license in accordance with Section 5-142.

B. The owner or custodian of a dog which is unable to be spayed or neutered without a reasonable likelihood of suffering bodily harm or death due to age or infirmity, must obtain written confirmation of that fact from a licensed veterinarian. The writing must also state the date by which the dog may be safely spayed or neutered. If the dog is unable to be spayed or neutered within thirty (30) days, the owner or custodian must apply for an unaltered dog license.

Sec. 5-142. – Unaltered dog license—Requirements.

A. An owner or custodian of an unaltered dog over the age of six (6) months must obtain an annual unaltered dog license for the dog.

B. The license shall be issued if the department has determined that all of the following conditions are met:

1. The dog is one of the following: a competition dog as defined in Section 5-2; a dog used by a law enforcement agency for law enforcement purposes; a qualified assistance dog as defined in Section 5-2; a dog which is unable to be spayed or neutered as set forth in Section 5-141.B; a dog owned, kept, or maintained for breeding purposes by a person with a valid breeding permit issued pursuant to Section 5-89; or a dog owned, kept, or maintained for breeding purposes by an individual breeder, as defined in Section 5-88;

2. Any dog owned, kept, or maintained for breeding purposes by an individual breeder that has produced at least one litter of puppies is ineligible to receive an unaltered dog license unless the individual breeder who owns, keeps, or maintains such dog obtains a valid breeding permit pursuant to Section 5-89;

3. The owner or custodian has submitted the required application and has paid the fee set forth in Sections 5-107 and 5-108; and

4. The unaltered dog will be maintained in accordance with the provisions of this chapter, and with applicable State animal care and control laws.

Sec. 5-143. – Denial or revocation of unaltered dog license—Grounds and re-application.

A. The department may deny or revoke an unaltered dog license for one or more of the following reasons:

1. The applicant or licensee is not in compliance with all of the requirements of Section 5-142;

2. The applicant or licensee has been previously found guilty of violating a State law, County code or other municipal provision relating to the care and control of animals;

3. The unaltered dog has been declared to be a dangerous dog;

4. Any unaltered dog license held by the applicant has been revoked;

5. A female unaltered dog has had more than one litter per year, or five (5) or more litters in her lifetime; or

6. The license application is discovered to contain a material misrepresentation of fact.

B. Re-application for unaltered dog license. When an unaltered dog license is denied, the applicant may re-apply for a license upon a showing that the requirements of Section 5-142 have been met. The department shall refund one-half of the license fee when an application is denied. The applicant shall pay the full fee upon re-application.

Sec. 5-144. – Appeal of denial or revocation of unaltered dog license.

A. Request for hearing.

1. Notice of intent to deny or revoke. The department shall mail to the owner or custodian a written notice of its intent to deny or revoke the license for an unaltered dog which includes the reason(s) for the denial or revocation. The owner or custodian may request a hearing to appeal the denial or revocation. The request must be made in writing within ten (10) days after the notice of intent to deny or revoke is mailed. Failure to submit a timely written hearing request shall be deemed a waiver of the right to appeal the license denial or revocation.

2. Hearing officer. The hearing shall be conducted by the Chief of Police or a designee.

3. Notice and conduct of hearing. The department shall mail a written notice of the date, time, and place for the hearing not less than ten (10) days before the hearing date. The hearing date shall be no more than thirty (30) days after the department’s receipt of the request for a hearing. Failure of the owner or custodian or his agent to appear at the hearing will result in forfeiture of the right to a hearing. The hearing will be informal and the rules of evidence will not be strictly observed. The department shall mail a written decision to the owner or custodian within ten (10) days after the hearing. The decision of the hearing officer shall be the final administrative decision.

B. Change in location of dog. If the dog is moved after the department has issued a letter of intent to deny or revoke, but has not yet denied or revoked the license, the owner or custodian must provide the department with information as to the dog’s whereabouts, including the current owner or custodian’s name, address, and telephone number.

Sec. 5-145. – Transfer, sale and breeding of unaltered dog.

A. Offer for sale or transfer of unaltered dog: An owner or custodian who offers any unaltered dog for sale, trade, or adoption must include a valid unaltered dog license number with the offer of sale, trade or adoption, or otherwise state and establish compliance with Section 5-141. The license number must appear on a document transferring the dog to the new owner.

B. Transfer of unaltered dog: The owner or custodian of an unaltered dog over the age of six (6) months, which is not a competition dog as defined in Section 5-2, must demonstrate compliance with Section 5-141 prior to the transfer, and must notify the department of the name and address of the transferee within ten (10) days after the transfer.

C. Notification of litter and sale or transfer of puppies: Within thirty (30) days after a litter is born to a female dog, the owner or custodian of the female dog shall advise the department in writing of the number of live born puppies. When a puppy under the age of six (6) months is sold or otherwise transferred to another person, the owner or custodian shall advise the department of the name and address of the new owner or custodian, and the microchip number of the puppy, if applicable, within ten (10) days after the transfer.

D. Personal responsibilities: Nothing in this section shall be construed to impair the responsibilities of a person required to comply with the breeding and litter permit requirements of Division 1 of Article V of this chapter.

Sec. 5-147. – Impoundment of unaltered dog.

A. Reclaiming impounded dog. When an unaltered dog is impounded, the owner or custodian may reclaim the unaltered dog when one of the following occurs:

1. The dog is spayed or neutered by a licensed veterinarian at the expense of the owner or custodian.

2. The owner or custodian demonstrates compliance with Section 5-141.

B. Costs of impoundment. The owner or custodian of the unaltered dog shall pay the costs of impoundment, which shall include daily board costs.