(A) Every owner or other person responsible for an animal, including those harboring any animal located within the city, shall ensure that the animal:
(1) Is kept clean, sanitary, and healthy and is not confined so as to be in its own excrement;
(2) Has sufficient wholesome food and water which is proper and nutritional and not stagnate;
(3) Has a proper and adequate shelter at all times that is kept in a sanitary manner, provides the animal protection from all elements of the weather, and allows the animal to stand, sit, rotate, and lie comfortably.
(a) The shelter shall have solid walls on all sides, a dry floor raised above the ground, a roof sloped away from the entrance to protect the animal from weather and extreme cold. The shelter must contain clean, dry bedding.
(b) Animals must have access to dry land and cannot be standing in water or their own waste.
(c) Animals must be brought inside a temperature-controlled building such as a house or a garage when there is a wind chill advisory, heat advisory, or tornado warning.
(d) The shelter mush be shaded by either trees or a tarp. Each situation is at the discretion of investigating officers or officials to determine if an animal is in distress or in danger.
(4) Is brought into a temperature-controlled facility when the temperature is at or below 32°F or above 85°F unless the animal is in the presence of a competent adult;
(5) Does not remain tethered or chained for any given 24-hour period. In essence, a dog may not live its life on a chain. Dogs must have shelter from the elements while tied out. No animal shall be tethered by use of a choke collar or any collar too small for the size and age of the animal or by any rope, chain, or cord attached directly to the animal’s neck or such unreasonable weight as to prevent the animal from moving about freely. All tethers must have a swivel on both ends;
(6) Is provided with adequate space for exercise when residing in a kennel. They should be able to move, run, and lie down without running into another animal for lack of space. The suggested square footage for a kennel is 100 square feet. For dogs weighing more than 80 pounds, the kennel must be 150 square feet. For each additional dog, an additional 50 square feet must be provided. There must be adequate shelter in the kennels and must have other than the shelter, shade, or tarp. No animals may be kept in abandoned houses or lots;
(7) Receives proper veterinary care as necessary to treat illness, disease, and/or injury to prevent the transmission of diseases to other animals or human beings and to promote good animal health;
(8) Is not beaten, treated cruelly, overloaded, overworked, or otherwise abused;
(9) Is not abandoned, neglected, tortured, or used in animal fighting or is trained to torment, badger, bait, or use any animal for such purpose;
(10) Does not bite, kick, butt, claw, assault, attack, or otherwise create a danger to the health and/or safety of human beings or other animals;
(11) Is properly vaccinated and/or licensed as required by this chapter and any county, state, or federal law now in existence or hereafter created or amended;
(12) Is prevented from running at large on property other than private property owned or property lawfully occupied by its owner by means of a leash, lead, chain, or other appropriate physical restraint;
(13) Is not left unattended in a vehicle when the conditions in the vehicle would constitute a health hazard to the animal, such as extreme heat or cold, and is not transported in the trunk of any vehicle;
(14) Is not transported in the open bed of a vehicle unless confined in an appropriate manner so as to reasonably prevent injury or prevent the animal from jumping or being thrown from the vehicle; and
(15) Does not defecate on the property of another unless the person responsible for the animal immediately thereafter removes or has removed from the other’s property as much of the feces as is reasonably possible.
(B) An animal that is mistreated in violation of division (A) above may be taken by the police or ACO and impounded in the AAS or other acceptable shelter and confined in a humane manner.
(1) If court action is not commenced by the city against the person who has mistreated an animal in violation of the foregoing provisions within ten days after impoundment, an animal may be released back to the animal’s rightful owner provided that the owner has first paid any and all expenses incurred by ACO during the impoundment period, including any and all medical expenses.
(2) If court action is commenced within ten days after impoundment, the animal may not be released without court authorization. If the court determines that a violation of the foregoing provisions on mistreatment has occurred, the animal shall become the property of the local government authority and shall be placed for adoption in a suitable home or humanely euthanized.
(Ord. 2022-005-C, passed 6-6-2022)