(a) It shall be unlawful for any person to keep animals without providing:
(1) Clean and sanitary conditions;
(2) Food on a daily basis;
(3) Air ventilation and circulation;
(4) Water that is available at all times and free of foreign matter, algae, excreta, or other biological hazards; and
(5) Medical attention and/or necessary veterinary care when an animal is sick, diseased, or injured. Written proof of veterinary care must be provided upon request by the city.
(b) It shall be unlawful for any person keeping an animal to fail to provide shelter for that animal.
(1) In general, shelter for dogs, cats and small domestic animals must:
a. Provide adequate protection from cold and heat. When the outdoor temperature falls below 40 degrees Fahrenheit (4.5 degrees Celsius), all cats, small domestic animals, and dogs that cannot tolerate such temperatures without stress or discomfort shall be moved indoors or provided adequate heating to maintain temperature about 40 degrees Fahrenheit. When the outdoor temperature rises above 90 degrees Fahrenheit (32.5 degrees Celsius), ventilation such as exhaust fans or air conditioning must be provided;
b. Provide protection from the direct rays of the sun; the direct effect of wind and rain; and all other elements at all times.
(2) Animal enclosures which house dogs must meet the following minimum requirements:
a. A single animal enclosure must be 100 square feet or less. An individual property or parcel of land which contains multiple enclosures may have a maximum aggregate or 150 square feet of dog enclosures.
b. Animal enclosures shall be constructed with chain link fencing. The flooring of an animal enclosure may be the ground/grass or a solid, non-porous surface such as a concrete slab or pavers which have no less than one-quarter (¼) inch between them. All flooring for an animal enclosure shall be at ground level. A tarp or fabric screening may be used on the sides or top of the animal enclosure. No other type of material, such as plywood, may be used for or attached to an animal enclosure.
c. An animal enclosure must have a six (6)-foot setback from the property line and be located in the rear yard. Prior to constructing an enclosure, citizens must complete a planning and zoning permit application and receive a development permit from the city. The city will establish a flat-rate fee for animal enclosure development permits, which may increase from time to time.
d. Animal enclosures must be constructed and maintained so that they:
1. Have no sharp points or edges that could injure the dog;
2. Contain the dog such that it cannot escape from the enclosure;
3. Keep other animals from entering the enclosure;
4. Provide the dog with unobstructed access to food and water.
i. Food and water shall be placed in the enclosure such that they may not be commingled with waste or excreta. Owners must inspect food and water daily and if waste, excreta, or other excessive foreign matter, is present, owners shall immediately replace the contaminated food or water.
5. Provide sufficient space to allow the dog to turn about, stand or sit freely; to lie down in any position it would be able to if it were not in an enclosure; and to walk without crouching or stumbling.
i. Dogs shall be provided with a minimum of six (6) square feet of space to sit or lie down such that they are not sitting in waste or other excreta.
6. The interior height of an animal enclosure must be at least twelve (12) inches higher than the head of the tallest dog in the enclosure when it is in a normal standing position.
e. Animal enclosures and food and water receptacles for dogs must be sanitized at least once every two (2) weeks and more often if necessary to prevent an accumulation of dirt, debris, food waste, excreta, and other disease hazards using steam under pressure or washing with soap and hot water so as to remove all organic material and mineral buildup, followed by a clean water rinse.
f. Outdoor housing areas using material that cannot be sanitized using the methods provided in paragraph (e) of this section, such as grass, shall be sanitized by removing all contaminated material in order to prevent odors, diseases, pests, insects, and vermin infestation.
(c) Tethering. Any person who owns or any person who is in charge of any animal kept as a pet who confines that animal outdoors on private property must provide the animal with:
(1) Food and potable water; and
(2) Provide protection from the direct rays of the sun; the direct effect of wind and rain; and all other elements at all times; and
(3) Periodic supervision, which shall mean that each animal shall be attended to at least once during every twelve (12) consecutive hours;
(4) Adequate space for exercise, which shall mean no less than 150 square feet per animal; and
(5) A fenced yard or animal enclosure that is sufficient to prevent the animal from escaping; or
(6) A tether under the following circumstances:
a. Any person who owns or any person who is in charge or in control of any animal that is under the age of six (6) months shall not tie, chain or otherwise tether the animal outdoors.
b. Any person who owns or any person who is in charge or in control of any animal that is over the age of six (6) months shall not tie, chain, or otherwise tether the animal kept as a pet outdoors between the hours of 10:00 a.m. and 5:00 p.m. except that an animal kept as a pet of any age may be temporarily tethered, tied or chained outdoors for a total time period not exceeding fifteen (15) minutes. At other times, it is permitted to tie, chain or otherwise tether an animal kept as a pet that is over the age of six (6) months outdoors if the pet is collared by a properly fitting, non-choke type collar or a body harness that is fastened to either:
1. A tether that is at least three (3) times the body length of the animal measured from the animal’s nose to back of the hindquarters, and that is free from entanglement; or
2. An overhead run, which is a leash or chain attached to an overhead wire at least ten (10) feet long, that allows the animal to move unheeded.
(d) Nothing in this section shall be construed to prohibit an owner or keeper from controlling an animal kept as a pet by the handheld use of a rope, leash or chain.
(e) It shall be unlawful for any person to abandon or set loose, with the intention of avoiding the responsibility for the custody and care of, any domestic animal within the limits of the city.
(Ord. No. 97-47, § 2, 10-7-97; Ord. No. 09-015, § 3, 2-2-09)