[Ord. No. 6.42 (Bill No. 2806), 9-16-2021[1]]
This Chapter shall be known and cited as the Arnold, Missouri
Animal Control and Welfare Ordinance.
[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.
[Ord. No. 6.42 (Bill No. 2806), 9-16-2021]
This Chapter is enacted under authority vested in the City of
Arnold, Missouri, Chapters 273, 322, and 578, RSMo.
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.
