§ 3-17 KEEPING OF ANIMALS; MISTREATMENT, ABANDONMENT PROHIBITED; CARE; RESTRAINING OF DOGS PROHIBITED; EXERCISE AREA FOR DOGS.
   1.   All dogs, cats and other small animals kept as house pets within the city limits shall be housed, fed and protected from the weather in such a manner as not to create a nuisance.
   2.   No person shall willfully or maliciously:
      a.   Torture, cruelly beat, injure, maim, mutilate or unjustly destroy or kill any animal belonging to himself, herself or to another;
      b.   Deprive any animal of food, drink or shelter;
      c.   Unjustly administer any poison or noxious drug or substance to any animal;
      d.   Unjustly expose any drug or substance with the intent that the same shall be taken by an animal, whether such animal be the property of that owner or another person; or
      e.   Cause any other person to do any of the above acts.
   3.   If an animal is found by the Animal Control Officer to be in one of the above described conditions, the officer may issue a citation to the offender or shall issue notice to the offender warning him or her that if the animal’s condition is not improved, a citation will be issued. If the animal control office determines that confined animal’s life is in immediate danger or has been abandoned or a confined animal is dead, the Animal Control Officer may, upon exigent and life threatening emergency circumstances, enter upon the premises of the owner or other private premises to take such animal into custody, once it has been established that the occupant is not home. In all other than exigent and life threatening emergency circumstances, the Animal Control Officer shall obtain a Municipal Court order directing such animal to be seized before such animal is seized. The Animal Control Officer will leave a notice for the owner advising why the animal was seized and where the animal was taken. Seizure of an animal will be accompanied by issuance of a citation(s) when there is probable cause to believe the seizure of the animal was necessary as a result of commission of an offense.
   4.   No dogs, cats or other small animals shall be confined within or on a motor vehicle under such conditions as may endanger the health or well-being of the animal, including, but not limited to, dangerous temperature, lack of food or water.
   5.   No person shall abandon or cause to be abandoned any dogs, cats or any other type of animals.
   6.   Owners and keepers of dogs, cats and other small animals shall provide food, shelter and medical attention to such animals, including, but not limited to, the following:
      a.   Sufficient wholesome food that is nutritious for the species;
      b.   Fresh, potable drinking water;
      c.   Medical attention to relieve such animals from suffering;
      d.   Provide shade from the sun; and
      e.   Shelter to allow the animal to remain dry and protected from the elements. Such shelter shall be fully enclosed on three sides, roofed and have a solid floor. The entrance to the shelter shall be flexible to allow the animal’s entry and exit, and sturdy enough to block entry of wind or rain. The shelter shall be small enough to retain the animal’s body heat and large enough to allow the animal to stand and turn comfortably. The enclosure shall be structurally sound and in good repair.
   7.   In addition to the forgoing provisions of this section, it shall be unlawful for any person to willfully or maliciously overdrive, overload, torture, destroy or kill, or cruelly beat or injure, maim or mutilate, any animal in subjugation or captivity, whether wild or tame, and whether belonging to himself or herself or another, or deprive any such animal of necessary food, drink or shelter, or shall cause, procure or permit any such animal to be so overdriven, overloaded, tortured, destroyed or killed, or cruelly beaten or injured, maimed or mutilated, or deprived of necessary food, drink or shelter, or willfully set on foot, instigate, engage in or in any way further act of cruelty to any animal, or any act tending to produce such cruelty. Any police officer or Animal Control Officer finding an animal so maltreated or abused shall cause the same to be taken care of, and the charges therefore shall be a lien upon such animal, to be collected thereon as upon a pledge or a lien.
   8.   No person shall, at any time, fasten, chain or tie any dog or cause such dog to be fastened, chained or tied while such dog is on the dog owner’s property or on the property of the dog owner’s landlord.
   9.   Any owner, keeper or property owner allowing tenants to have dogs on their premises, must provide an adequate enclosed space for exercise based on a dimension of at least 100 square feet; provided, further that where dogs are kept or housed on property without fenced yard, the owner, keeper or property owner shall provide an enclosure or run for such dogs meting the 100 square feet dimension. Such enclosure shall be constructed of chain link or similar type materials with all four sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from such enclosure. The top of such enclosure shall be covered the materials to provide the dog with shade and protection from the elements.
   10.   It shall be unlawful for any person to willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the City Police Department, whether or not said dog is, at the time, off duty or on duty, in the performance of the functions or duties of said Department, to interfere with, or meddle with, any such dog while used by said Department or any officer or member of said Department.
(Ord. 14-6, passed 10-13-2014)