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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To leave unattended on public property or on private property wherein the person cited has no ownership or other legal or equitable interest or right.
BESTIALITY. Any act of sexual or anal intercourse with a domestic animal, any act of falling within the definition of this term under state law.
DOMESTIC ANIMAL. Cattle, calves, horses, mules swine, sheep, goats, dogs, cats, poultry or other birds, and any animal of the bovine, equine, ovine, caprine, porcine, canine, feline or avian species.
INJURY. Any impairment of physical condition.
REASONABLE CARE. The degree of care that an objectively prudent person, under the circumstances, would render to an animal to prevent injury, to care for injury or to prevent the death of the animal.
(Ord. 9-1991, passed 9-3-1991)
It shall be unlawful for anyone to abandon any domestic animal upon any public place or upon the property of another.
(Ord. 9-1991, passed 9-3-1991) Penalty, see § 91.99
No owner shall fail to provide his or her animal(s) with proper food and water, proper shelter, where appropriate, and reasonable care to prevent suffering.
(Ord. 9-1991, passed 9-3-1991) Penalty, see § 91.99
(A) No person shall intentionally and/or maliciously injure or kill any domestic animal by administering poison, by inflicting injury with a weapon or other dangerous device or object, or by causing harm in any other manner.
(B) It is a defense to an alleged violation of this section for the defendant to prove by a preponderance of evidence, that the wrongful conduct alleged of him or her was reasonably necessary:
(1) To prevent injury to humans;
(2) To protect one’s property from destruction or substantial damage;
(3) To prevent a seriously injured vertebrate animal from prolonged suffering; or
(4) For any other valid purpose.
(Ord. 9-1991, passed 9-3-1991) Penalty, see § 91.99
(A) It shall be unlawful for anyone to perform an act of bestiality upon any domestic animal.
(B) For purposes of this section, BESTIALITY shall be defined as that term is defined under state law, and shall further include any conduct in the nature of:
(1) Sexual intercourse with any domestic animal;
(2) Anal intercourse with any domestic animal; and
(3) Any act of sodomy with a domestic animal.
(Ord. 9-1991, passed 9-3-1991) Penalty, see § 91.99
(A) Any law enforcement officer in the state shall be authorized to issue a citation for violation of this subchapter observed in his or her presence.
(B) Further, such law enforcement officer may issue such citation for conduct not committed in his or her presence if the totality of the circumstances made known to such officer upon his or her arrival for investigation indicates a likelihood that this subchapter has been violated within the preceding 24 hours.
(Ord. 9-1991, passed 9-3-1991)
All violations of this subchapter shall be prosecuted by the County Attorney if the alleged violation occurred in unincorporated areas of the county. The city attorney or town attorney, as the case may be, shall be authorized to prosecute a violation of this subchapter in the cities and towns, respectively, where they serve in the county.
(Ord. 9-1991, passed 9-3-1991) Penalty, see § 91.99
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