Branson, Missouri

Sec. 14-1. – Definitions.

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. For general definitions and rules of construction applicable throughout this Code, see section 1-2.

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Commercial animal establishment means any facility or place that is issued a permit, by its licensing authority to house and/or hold animals, exhibit animals, display animals, perform animal acts, shelter and/or harbor animals for commercial use, adoption and/or sale of animals. The term “commercial animal establishment” includes, but is not limited to, dog pounds, animal control facilities, humane animal shelters, pet shops, grooming facilities, animal auctions, horse riding schools or stables, horse-drawn carriages, zoological parks, circuses, boarding or breeding kennels, and performing animal exhibitions. The term “commercial animal establishment” does not include an individual who occasionally renders humane assistance or shelter in his home to any animal or their privately owned pets.

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Kennel or cattery means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs and cats, or any premises having more than five dogs or cats over six months of age.

Sec. 14-114. – Permit required for commercial animal establishments, animal shelters, temporary animal events, temporary animal adoption events and pet shops; issuance.

(a) No person shall operate a commercial animal establishment or animal shelter, or have or hold a temporary animal event or animal adoption event from any outdoor location without first obtaining a permit in compliance with this division.

(b) The licensing authority shall promulgate regulations for the issuance of permits and shall include requirements for humane care of all animals and for compliance with provisions of this division and other applicable laws. The licensing authority may amend such regulations from time to time as deemed desirable for public health and welfare and for the protection of animals.

(c) No person or entity shall operate a pet shop or any other facility or event where animals are bought, sold, exchanged, offered for retail sale or adoption to the general public without the required state department of agriculture pet shop license, and city business license.

(d) No person shall be issued a permit for a temporary animal adoption event without making provisions for the sterilization of all animals sold, released for adoption, or purchased from any public or private shelter or animal control agency operated by a humane society, or by city or county, or other political subdivision.

(e) The permit period shall begin May 1 and shall run for one year. Renewal applications for permits shall be made 30 days prior to and up to 60 days after May 1. Application for a permit to establish a new commercial animal establishment under the provisions of this division may be made at any time. Temporary animal events shall require a temporary permit from the police department, which is valid for four days. At the discretion of the licensing authority, temporary animal adoption event permit fees may be waived for nonprofit and governmental agencies.

(f) If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his name upon application.

(g) No commercial animal establishment shall train any dog to be used as a guard or sentry dog without possessing a valid license. This section shall not apply to the city/county government or any of its agencies. The application for a guard or sentry dog training license shall state the name and address of the owner and trainer, the location of the facility, and the maximum number of dogs to be housed at the training facility.

(h) Every facility regulated by this division shall be considered a separate enterprise requiring an individual permit.

(i) All facilities shall comply with the city’s zoning, building, fire, health, and other current codes.

(j) Failure to obtain a permit before opening any facility covered in this division shall be considered in violation.

Sec. 14-115. – Denial or revocation of permit.

(a) After an application is filed pursuant to section 14-114, the police department shall inspect the facility prior to issuing the permit. The police department may revoke any permit or license if the person holding the permit or license refuses or fails to comply with this division, the regulations promulgated by the licensing authority, or any law governing the protection and keeping of animals.

(b) Any person whose permit or license is revoked shall, within ten days thereafter, humanely dispose of or make suitable arrangements for all animals owned, kept, or harbored.

(c) It shall be a condition of the issuance of any permit or license that the police department shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspection is refused, revoke the permit or license of the refusing owner.

(d) If the applicant has withheld or falsified any information on the application, the police department shall refuse to issue a permit or license or may revoke after issuance.

(e) No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment.

(f) Any person having been denied or revoked a license or permit may not reapply for a period of 30 days.