[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
This Chapter is made for the purpose of regulating the ownership and possession of animals within the corporate boundaries of the City of Arnold, Missouri, in order to protect and promote the public health and safety, reduce and prevent the entrance of zoonotic diseases into the City of Arnold, Missouri, and provide for the welfare of domesticated animals within the corporate boundaries of the City of Arnold, Missouri. Any animal used by law enforcement agencies for enforcement, protection and rescue activities shall not be subject to the provisions of this Chapter. Designated service animals shall be exempt from some portions of this Chapter as provided by Federal law.
As used in this Chapter, the following terms mean:
The provision of normal and prudent attention to the needs of an animal, to include, but not be limited to, provisions for wholesome food, fresh and clean water, appropriate shelter and adequate health care as is necessary to maintain the good health and welfare of the specific species, breed, or age of the animal.
To physically restrain or govern an animal so that the animal does not pose a threat of injury to itself, to another animal, to personal property or to a human being. Working dogs, service animals or show animals, when actively engaged in working, service or show; or training for work, service or show, may be exempted based on specific conditions unique to the function of the animal.
The provision at suitable intervals of not more than twelve (12) hours, unless the dietary requirements of the species require a longer interval, of a quantity of wholesome foodstuff, suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal, all of which foodstuff is served in a safe receptacle, dish or container.
The provision to each animal of all immunizations and preventative medical care, exercise and rest required to maintain good animal health, and such medical care and attention as is necessary to return a sick or injured animal to good health, or when in the best interest of the animal, the provision of humanely euthanizing the animal for poor health reasons.
The continuous provision of a primary enclosure consisting of four (4) walls, a roof and floor, that provides entrance and egress from one (1) opening, that provides the animal with protection from the elements and the extremes of weather conditions, is of sufficient size to allow the animal adequate space to stand, turn around and lay down, maintained in a sanitary condition, provides proper ventilation and appropriate space depending on the species of animal as defined by the regulations of the USDA, as revised, and satisfies the provisions of the Missouri Animal Care Facilities Act.
The provision, either continuously, or at intervals suitable to the age and species of the animal, which intervals shall not exceed eight (8) hours of clean, wholesome, potable water supplied in a safe animal watering receptacle, dish or container.
A person who is legally competent to enter into a contract and who is adopting or buying a dog or cat from a releasing agency.
Every living vertebrate except a human being, and any living creature kept as a pet by an owner (as defined herein).
The leaving or discarding of an animal in any place without making provisions for the animal's adequate care and control, including the leaving or discarding of animals at any animal care facility without the prior consent of the facility.
The causing of illness, injury or suffering to an animal.
The required provisions of animal care as prescribed by Section 273.325, et. seq., RSMo.
The office within the Community Development Department established by the City of Arnold, Missouri, created for the purpose of operating the municipal pound and enforcing the Animal Control and Welfare Ordinance.
The designated City employee, or their assigns, whose primary responsibility is the enforcement of the provisions of this Chapter or other Chapters or Sections where the position is referenced in the City of Arnold Code of Ordinances, the animal welfare laws of the State of Missouri, and the regulations and procedures promulgated thereunder.
Any vehicle owned and operated by the City of Arnold, Missouri, and assigned to Animal Control for the transportation of animals and the enforcement of this Chapter.
The act of any person or persons to knowingly or intentionally cause illness, injury or suffering to an animal.
Any failure by the owner (as defined herein) of any animal to provide adequate care or adequate control of any animal as defined in this Chapter.
A facility which is used to house or contain animals, which is owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other not-for-profit organization devoted to the welfare, protection, and humane treatment of such animals or a person whose primary purpose is to act as an animal rescue, to collect and care for unwanted animals or to offer them for adoption.
A condition under which an animal is off the property of its owner (as defined herein) or other consenting property owner and not under the physical restraint of a responsible person who is capable of controlling the animal. An animal that is actively engaged with its owner (as defined herein) present, in hunting, training, herding or showing shall not be considered running at large.
Any aggressive contact or non-bite injury to a human being or other domesticated animal by another animal.
Any injury to a human being or other domesticated animal by another animal resulting from the penetration of the victim's skin by the teeth of the animal.
Any person other than the owner (as defined herein), who provides overnight kenneling of animals for profit, for more than twenty-four (24) hours.
Any person who maintains unsterilized dog(s) and/or cat(s) for the purpose of breeding with the intent to cause the whelping of, sale of or transfer of ownership of the same.
All members of the Felis domesticus, either male or female.
A certificate issued at the time of the vaccination of an animal and bearing thereon the signature of the vaccinator, the registration number, the name, color, breed, and sex of the animal, the name and address of the owner, the date of the vaccination, and type of vaccine administered.
The Director of the Community Development Department or a City of Arnold, Missouri, staff member assigned to act on their behalf.
Canis familiaris, either male or female.
Any pet, service animal, or farm animal, all as defined herein.
To put to death in a humane manner.
Any animal, whether it has been registered or vaccinated for rabies or not, or other animal which has been bitten, been fighting with or has consorted with an animal known or suspected to have rabies or showing objective symptoms of rabies.
Any animal normally located on a farm, including, but not limit to, swine, goat, lamb, sheep, horse, pony, donkey, cattle, chicken, duck, turkey, emu, ostrich and llama.
Any traditionally domesticated animal that has been born in the wild or becomes undomesticated and returned to its wild nature; that can survive on its own without intervention of humans; is unsociable to humans; and is not a pet currently licensed with the City of Arnold, Missouri.
To provide food, water, shelter, or veterinary care to an animal or animals at the same location for more than seventy-two (72) hours.
The act or practice of putting an animal to death in a humane or instantaneous manner under guidelines and procedures established by rules promulgated by the Director.
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.
The apprehending, catching, netting, tranquilizing, confining, or, if necessary, the destruction of any animal by the Animal Control Officer.
Any premises designated by the City for the purposes of impounding and caring for all animals found in violation of this Chapter.
With respect to a dog, refers to a female dog between the ages of six (6) months and ten (10) years of age which is capable of being bred; and with respect to a cat, refers to a female cat between the ages of six (6) months and eight (8) years which is capable of being bred.
Any place or tract of land, whether indoors or outdoors, whether enclosed or not, used for the purpose of selling, breeding, boarding, or training dogs or cats or both, or the keeping of four (4) or more dogs over four (4) months of age, or keeping six (6) or more cats over four (4) months of age, or the keeping of more than five (5) dogs and cats. The word "selling" as herein used shall not be construed to include the sale of animals four (4) months of age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over four (4) months old by persons not operating a kennel as herein defined.
A tag and/or certificate issued by the City of Arnold, Missouri, evidencing that an animal or kennel has been registered with and licensed by the City of Arnold.
The agency or department of the City of Arnold, or any designated representative thereof, charged with administering the issuance and/or revocation of permits and licenses under provisions of this Chapter.
Vaccine which is manufactured, using tissue of the nervous system as a growth medium.
A property interest in an animal, actual or claimed, or the exercise of dominion or control over the animal or the intent to exercise dominion or control over an animal with the present ability to do so.
Any person, partnership, or corporation owning, keeping or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more, unless it is being boarded for a fee by a legally licensed kennel as defined herein.
Any spectacle, display, act, or event in which performing animals are used to engage in combat to provide entertainment for the public.
For the purposes of this Chapter, the word "permit" shall include the failure to take the necessary action to prevent the specified event or circumstance from occurring (including, but not limited to, animals running at large, or attacking other animals or humans).
Any individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity.
Any animal kept for pleasure rather than utility.
An approved means by which an animal is secured (by a leash, tether, cable, chain or other appropriate tie down; by a fence, structure or other form of physical barrier) that confines the animal to the property of its owner. Voice command, shock or other forms of electronic restraint do not constitute physical restraint.
A facility operated by the State or any political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals.
A veterinarian licensed by the State of Missouri to practice veterinary medicine.
Any animal or animals which satisfies any one (1) of the following:
Damages, soils, defiles, or defecates on private property other than the owner's or on public walks or recreation areas unless such waste is immediately removed and properly disposed of by the owner;
Molests passersby or passing vehicles;
Attacks other animals;
Trespasses on school grounds;
Is repeatedly at large;
Damages private or public property; or
Barks, whines, howls, or causes noise in an excessive, continuous, or untimely fashion so as to cause a public peace disturbance.
The latest edition of the American Veterinary Medical Association's Compendium of Animal Rabies Prevention and Control.
Any veterinarian, Animal Control Officer, or any other person acting under the direction or control of a veterinarian or Animal Control Officer who performs the services of vaccination-registration.
An animal pound, shelter, humane organization, or animal control agency, whether public or private, but not including an individual who occasionally renders humane assistance or shelter in his/her home to a dog or cat.
An animal, off the premises of its owner's real property, is under restraint within the meaning of this Chapter if any of the following occur:
It is controlled by a line or leash not more than six (6) feet in length, when said line or leash is held by a competent person;
When within a vehicle being driven, parked or stopped; or
When not more than twenty-five (25) feet from a competent person, if such animal is not annoying or worrying any human being or domesticated animal, or trespassing on private property, or in a public area where animals are forbidden.
Service animals are working animals, not pets. A service animal is trained to provide a service directly related to the person's disability. A service animal whose sole function is to provide comfort or emotional support does not qualify as a service animal.
Any physical injury that results in broken bones or disfiguring lacerations requiring sutures or cosmetic surgery or breaking of skin.
The State veterinarian as provided by Chapter 267, RSMo.
The surgical removal of the reproductive organs of a dog or cat in order to render the animal unable to reproduce, or the use of an approved serum which will permanently render the animal unable to reproduce.
Any object, regardless of shape and material, which bears a registration number and the words "Rabies Vaccination-Registration," which has been issued by authority of the Animal Control Officer.
The United States Department of Agriculture (L. 1992, S.B. 636 S 1).
The injection, by a veterinarian or his/her authorized agent, of a specified dose of antirabies vaccine, or other animal vaccine generally required, into the body of an animal, such vaccine having the U.S. Government license number approval stamped on the label of the vaccine container and having been approved by the Animal Control. Vaccine used for a vaccination of animals shall be stored and kept under conditions proper for the vaccine and shall show no signs of spoilage or otherwise be unfit for producing immunity against rabies.
The procedure of vaccinating for rabies and issuing an identification number and an appropriate certificate. The above words shall be interchangeable.
Any veterinarian holding a current State license and operating on a participating basis with the Animal Control Officer as required by this Chapter.
Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.
As used in this Section, "vicious animal" is defined to mean:
Any animal with the known propensity, tendency, or disposition to attack without provocation, to cause injury, or to otherwise threaten the safety of human beings or domesticated animals; or
Any animal which, without provocation, has attacked or bitten a human being or domesticated animal; or
Any animal which, without provocation, chases or approaches a person upon the streets, sidewalks, or any public or private property in a menacing fashion or apparent attitude of attack.
Shall be, but is not limited to, any live monkey (non-human primate), raccoon, skunk, fox, poisonous snake, python or boa constrictor longer than six (6) feet in length, leopard, panther, tiger, lion, lynx, wolf, wolf-hybrid, or other animal which can normally be found in the wild state.