(A) Every owner of an animal within the corporate limits of the town shall:
(1) Keep the animal in a clean, sanitary and healthy area. No animal shall be confined to an area so as to be forced to stand, sit or lie in its own excreta.
(2) Not confine an animal in an area littered with debris or any other obstacles which would impair, prohibit or reduce the animal's movement or cause injury within such area of confinement.
(3) Confine the animal in an area of sufficient size to permit the animal to exercise and move about.
(4) Not prevent in any way any animal from seeking proper shelter by chaining, roping or fencing in any animal.
(5) Not tether a dog by a choker collar or chain or similar means of restraint less than ten feet in length or of the weight as to prevent the animal from moving about or causing injury to the animal.
(6) Not fail to provide the animal with sufficient wholesome food and clean water.
(7) Not fail to provide the animal with proper, soundly and effectively constructed shelter and protection from the varying elements of the weather at all times.
(8) Not fail to provide the animal with proper humane and veterinary care and counsel for sick, injured or diseased animals and shall segregate the animals from the healthy so as to prevent transmittal of any sickness or disease.
(9) No person shall cruelly ill treat, beat, torment, overload, overwork or otherwise abuse or mistreat any animal.
(10) No person shall abandon any animal on any public or private place, including a public or private highway or street or upon the property of another. However, a wild animal of a species indigenous to the area physically able to care for itself in the wild and which is not dangerous nor considered a varmint or pest may be released to the wild in a suitable area and such act does not constitute abandonment within the meaning of this subsection.
(11) No person shall keep or use any animal for the purpose of fighting or cause or permit any fighting or other combat between animals within the town limits. No person shall be party to or present as a spectator to any such fighting or combat between animals. No person shall knowingly suffer or permit the use of any building, yard, ground or any other premises belonging to any person for any fighting or combat between animals, and no person shall carry, haul or deliver any animal for the aforementioned purposes.
(12) No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be consumed by any animal, except in the control of varmints and pests as listed in § 95.01.
(13) No person shall confine an animal within a motor vehicle for a period of time of more than five minutes when the interior temperature is likely to exceed 85°F or to drop below 20°F.
(B) Many of the acts and conditions described by subsections (1) through (13) of this section are or may be construed as cruelty to or neglect of an animal and would be subject to criminal penalties under the provisions of I.C. 35-46-3, and in such case violations of this section shall be prosecuted as violations of the statute and subject to penalties as provided by state law. However, in cases where a violation of this section is determined not to constitute a statutory violation; or when, by virtue of any vagueness or lack of precise definition of terms such as "cruelty" or "neglect" as used in said statute, the Town Marshal, Town Attorney, County Prosecutor or judge of a court of jurisdiction do not believe that successful prosecution under statute would be feasible; then the matter may be cited and prosecuted purely as a local violation under this section and subject to penalties as provided by § 10.99.
(`86 Code, § 3-5-10) (Ord. passed 7-17-84; Am. Ord. 86-C5, passed 7-15-86) Penalty, see § 10.99