Any Person who acts intentionally, willfully or maliciously is guilty of cruelty when engaged or attempting to engage in the following behavior:
(A) Killing or attempting to kill an Animal. Exceptions include:
(1) Humane Euthanasia performed by a Veterinarian, a Euthanasia Qualified Employee or a Euthanasia Authorized employee of AACC or the Animal Humane Association;
(2) Killing a bird if such bird is Poultry owned by that Person and will be used for food;
(3) Killing a rabbit if such rabbit is owned by that Person and will be used for food;
(4) Killing mice or rats that are not a Domestic Animal or otherwise claimed as a pet by any Person; and
(5) Reasonably necessary taking of Animals by a governmental entity or contractor of a governmental entity for bio-disease management including, without limitation, selection of birds to determine the existence of or monitor the spread of avian flu.
(B) Poisoning, attempting to poison or allowing an Animal access to poisonous substances such as antifreeze, baiting any Animal with any substance soaked, treated or prepared with any harmful or poisonous material unless such actions are undertaken by a licensed professional exterminator.
(1) There is no justification for poisoning Animals in the city.
(2) A Person may use poison to kill mice and rats, but only within a Person's own enclosed structures.
(3) Except when applied by a licensed exterminator, no poison may be used outside, even on a Person's own property, or in any way in which a poisoned animal, including mice and rats, can consequently poison other Animals.
(C) Abusing an Animal which includes, but is not limited to, maiming, disfiguring, torturing, beating, having sexual contact with, hurting, burning, scalding or cruelly setting upon any Animal.
(D) Using a prod, stick, electrical shock, chemical, physical force, starvation, pain or discomfort on an Animal in order to make it perform for entertainment purposes.
(E) Generally accepted methods of animal training that do not cause undue physical and emotional suffering, including the training of Livestock, Companion Animals, Guard Dogs, hunting dogs, police dogs and Service Animals shall not constitute Cruelty.
(F) Using a whip or riding crop in a manner that causes injury to the Animal.
(G) Chaining an Animal to a stationary post, pole, or other immovable object by means of any instrumentality or other extension device including, but not limited to, a chain, tether, coil or rope and leaving such Animal unattended for more than one hour in a 24 hour period.
(H) Any Owner who Reclaims an Injured Animal from AACC for the purpose of obtaining treatment by a private Veterinarian and who subsequently fails to provide written proof of treatment to AACC within five days.
(I) Abandonment of an Animal. Any Person who relinquishes possession or control of an Animal in a location where any reasonable Person would know the Animal has little chance of finding food, Potable Water, and shelter is guilty of Cruelty. Abandonment also includes dumping or releasing an Animal anywhere or leaving an Animal behind when a Person moves.
(J) Use of a Spring Loaded Trap. Spring Loaded Traps are absolutely prohibited in the city unless used on mice or rats inside a Household or inside a commercial property.
(K) Improper use of a Live Trap. Any person who leaves an Animal in a Live Humane Trap for more than 6 daylight hours or 12 nighttime hours.
(L) Overworking an Animal.
(M) Animal Fighting. No Person shall promote, stage, hold, manage, conduct, carry on, train for or attend a game, show, exhibition, contest or fight in which one or more Animals is injuring, killing, maiming or destroying itself or other Animals or attempting to injure, kill, maim, or destroy other Animals or people.
(1) Any Person who attends or observes any Animal fight is vicariously criminally liable under this article, whether or not that Person paid for entry to the event.
(2) The owner of any premises used for Animal fighting is in violation of this article.
(3) Any Person who profits in any manner from an Animal fight, including but not limited to on-site vendors or purveyors of illegal gambling concerning an Animal fight, is in violation of this article.
(4) Any person who sells, receives, possesses, transports, loans or gives away any Animal used for fighting or Animal Fighting Paraphernalia is in violation of this article.
(5) No Person shall provoke or entice an Animal from the property of its Owner for the purpose of engaging the Animal in an Animal fight.
(N) Teasing or Taunting Animals. No Person shall tease or taunt any Animal with the intent, purpose or effect of provoking a reaction from the Animal.
(O) Artificially coloring an Animal. No person shall dye or artificially color an Animal under the age of 12 weeks or use any dyes or coloring substance that could be harmful to the Animal.
(P) Any Person who violates any provision of § 9-2-2-1 except (F) and (G), § 9-2-2-2, § 9-2-2-3 except (F) and (G), § 9-2-2-4, § 9-2-2-5 or § 9-2-2-6 is guilty of Cruelty and shall be cited for Cruelty. The failure to restrict an Animal by use of a leash or the use of a leash that is longer than eight feet is not Cruelty.
(Q) Failing to report an Injury to an Animal caused by a Motorist. A Motor Vehicle Operator who strikes or runs down an Animal shall immediately call 311 and provide the facts regarding the accident and, if possible, the injuries sustained by the Animal. The Motor Vehicle Operator may elect to transport the Animal to AACC, a Veterinarian or VEC for Emergency Medical Treatment.
(Ord. 18-2006; Am. Ord. 29-2006)