(A) General requirements for animal care and treatment. Every owner or keeper of an animal kept in the Town of Cedar Lake shall:
(1) Keep such animal in a clean, sanitary and healthy manner and not confine such animal so that such is not forced to stand, sit or lie in its own excrement; the person(s) responsible for animal(s) shall regularly and as often as necessary to prevent odor or health and sanitation problems, maintain all animal areas or areas of animal contact;
(2) Provide food that is appropriate for the species in adequate amounts; maintain good potable drinking water where appropriate; provide shelter and ventilation, including quarters protected from excessive heat and cold which are of sufficient size to permit the animal to move about freely;
(3) Protect the animals against abuse cruelty, neglect, torment, overload, overwork, or any other mistreatment;
(4) Provide the reasonably necessary medical care according to commonly accepted veterinary standards, in addition to the required rabies vaccination, which shall include recommended vaccinations as required by accepted veterinary standards, and if diseased or injured, or exhibiting symptoms of disease, provide proper care and is segregated from other animals so as to prevent transmittal of the disease; and
(5) Maintain the animal(s) in compliance with all applicable federal, state and local laws and all regulations respecting animal care and control as are adopted by the town, and are in effect from time to time.
(B) It shall be unlawful for a person to beat, starve or otherwise mistreat any animal in the Town of Cedar Lake, or to fail to comply with any requirements of division (A) of this section.
(C) It shall be unlawful to tether any animal 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 directly attached to the animal’s neck, or by a leash less than 12 feet in length, or by any tether or lease without swivels on both ends, or of such unreasonable weight as to prevent the animal from moving about freely.
(D) It shall be unlawful for any animal to be tethered between the hours of 11:00 p.m. and 6:00 a.m.; or to tether any unsterilized animal for any period of time unless the animal is in visual range of a competent adult who is outside with the animal; or to tether or confine an animal at a vacant structure or premises for any purposes or time when it is not monitored by a competent adult who is present at the property for the duration of such tethering or confinement.
(E) In addition to the general requirements for animal care and treatment established in this section, every owner or keeper of an animal kept in the Town of Cedar Lake shall provide for such animal, when confined outside, as follows:
(1) Provide for access to a shelter constructed of solid wood or other weather resistant material, consisting of a structure with solid walls on all sides, a dry floor raised above the ground, and a solid roof sloped away from the entrance to protect the animal from weather and extreme cold. During winter and any day when the temperature is at or below 40°F, the shelter must be just large enough for the animal to stand up and turn around, the entrance covered by a flexible wind-proofing material or self-closing door, and must contain clean, dry bedding, which must consist of an insulating material that does not retain moisture, such as straw, of sufficient depth for the animal to burrow. On any day when the temperature is at or above 80°F, the shelter must be shaded by trees, a tarp, or a tarp-like devise;
(2) Bring such animal(s) into a temperature controlled facility when the temperature is at or below 32°F or at or above 90°F, or when a heat advisory, wind chill warning, or tornado warning has been issued by local, state, or national authority, except when the animal(s) is/are in visual range of a competent adult who is outside with the animal(s);
(3) Provide adequate space for exercise when confined in an enclosure or pen, which shall consist of no less than 100 square feet. An animal over 80 pounds must be provided with an additional 50 square feet. For each additional animal inside the enclosure, 50 square feet of space for exercise must be added per animal;
(4) Treat and care for such animal(s) so that there are no open lesions on the skin of such animal(s) due to insect bites or other parasitic infections;
(5) Avoid tethering of any animal except when all of the following conditions are met:
(a) The tether is not attached to a motorized vehicle, such as an automobile, truck, or motorcycle;
(b) The animal is at least six months of age, and is not sick or injured;
(c) The tethered animal has access to water shelter, and dry ground. If there are multiple tethered animals, each animal must be tethered separately in a manner that prevents the tethers from becoming entangled with each other or any other object, and each animal must have separate water and shelter;
(d) The tether is attached to the animal by a properly fitting buckle-type collar, or a collar that will not break under pressure, with a rotating toggle or attachment. Pinch, prong, or choke collars shall not be used. The tether shall not wrap directly around the animal’s neck;
(e) The tether is not of such unreasonable weight as to prevent the animal from moving about freely, is free of tangles, cannot be entangled with another animal or object, and is a least 12 feet in length;
(f) In the event that the animal is attached to a trolley system, the running line must be at least 12 feet in length and the tether length must be greater than the height of the running line; and
(g) The tether is located so as not to allow the animal to trespass on public or private property nor in such a manner as to cause harm or danger to persons or other animals.
(F) In the discretion of the Code and Law Enforcement personnel of the Town of Cedar Lake, any person who violates any provision of this section for the first time may be issued written notice of practices or conditions which constitute the violation, and the Town Code and Law Enforcement personnel shall in such instance direct remedies to such person where appropriate and provide a time period of no longer than three days within which to correct the violations(s). Failure or refusal of the person to correct the violations within the specified time period shall constitute prima facie evidence of violation of this section.
(G) For purposes of this section, the following terms have the following meanings:
“CONFINED OUTSIDE.” Confined outside the house, mobile home, or apartment where the owner is living. “CONFINED OUTSIDE” would include in the yard, or in a garage, shed, or barn without heating or air-conditioning. Access to a garage, shed, or barn maintained between 40°F and 80°F would not be considered “CONFINED OUTSIDE”.
“TEMPERATURE CONTROLLED FACILITY.” A building maintained between 40°F and 80°F.
(Ord. 1281, passed 1-2-18) Penalty, see § 90.99