A. Cruelty:
1. It shall be unlawful for any person to torture, torment, deprive of necessary sustenance, mutilate, overdrive, overload, overwork, transport in a cruel or inhumane manner, cruelly beat, cruelly kill, or abandon any animal, or commit any other act or omission by which unjustifiable pain, distress, suffering or death is caused or permitted to occur to any animal, unnecessarily fail to provide any animal with adequate food, adequate water, shelter, or protection from the weather, whether the acts or omissions in this section are committed either maliciously, wilfully, or negligently.
2. A person who commits the offense of cruelty to animals is guilty of a simple misdemeanor.
B. Court Determine Disposition Of Mistreated Animals: If a person is found guilty of a violation of this section, the court shall determine the disposition of the animal or animals involved.
C. Poisoning:
1. It shall be unlawful for any person to expose any poison, poisonous meat, or any poisonous substance in any place within the city limits for the purpose of poisoning any animal.
2. A person who violates this subsection C shall be guilty of a simple misdemeanor.
3. This section shall not apply to any person who exposes any such poison about any premises owned by that person for the purpose of exterminating insects, spiders, mice, or rats.
4. The distribution of any poisonous substance, other than those specifically for insects, spiders, mice or rats, shall be prima facie evidence of violations of this section.
D. Shooting, Trapping Or Disturbing Dams Or Dens: It shall be unlawful for any person within the city limits to:
1. Wilfully frighten, shoot at, wound, kill, capture, ensnare, net, trap, or in any manner molest, harass, or injure any bird, fowl or waterfowl, or in any manner to wilfully molest, damage or injure the nest, eggs, or young of any such bird, fowl or waterfowl, unless hunting pursuant to a license issued by the state, on property zoned agricultural, and during a season authorized by the state.
2. Molest or disturb in any manner any muskrat house, beaver dam, skunk, mink, otter, badger, rabbit, fox, groundhog, weasel, opossum, or raccoon den except by permission of an officer appointed by the commission; provided, however, that nothing in this subsection shall prohibit an owner from destroying any such den, house, or dam for the purpose of protecting his or her premises.
E. Instigating Or Encouraging Animal Fights:
1. It shall be unlawful for any person to cause, instigate, encourage, or permit within the city any dogfight, cockfight, bullfight or other fight between two (2) or more animals or between animals and humans.
2. It shall be unlawful to maintain any place where any animals are permitted to fight for exhibition, for wages or for sport.
3. Ownership of an animal shall not constitute a defense for such acts or for any violation of this subsection E.
F. Abandoning Animals:
1. It shall be unlawful for any person to abandon any animal or to cause such to be done, except that a person may deliver a cat or dog to another person who will accept ownership of such animal or the person may deliver a cat or dog to an "animal shelter" as defined in this chapter.
2. A person who violates this subsection F is guilty of a simple misdemeanor.
G. Capturing Or Killing Furbearing Animals: Except as otherwise provided, no person shall take, capture, kill, or have in possession any furbearing animal or any part thereof at any time except during the open season as set by the department of natural resources under the authority of state law except as otherwise allowed by law.
H. Use Of Traps Regulated:
1. Except as otherwise permitted by law, no person shall at any time use or attempt to use any colony traps in taking, capturing, trapping or killing any game or furbearing animals.
2. Box traps capable of capturing more than one animal at each setting are prohibited.
3. A valid hunting license issued by the state is required for box trapping cottontail rabbits and squirrels.
4. All traps used for the taking of furbearing animals shall comply with the commission's regulations.
5. Police officers, animal control officers, law enforcement officers, and other persons authorized by the state shall have the authority to confiscate noncomplying traps when found in use.
I. Teasing Confined Animals: It is unlawful for any person to tease or in any manner to harass any tied, confined, or fenced in animal. (2008 Code § 19-35)