(A) It shall be unlawful for any owner or custodian to fail to provide their animals with adequate food, water, shelter, veterinary care and humane euthanasia when needed to prevent suffering. ADEQUATE SHELTER means provision of and access to shelter that is suitable for the species, age, condition, size and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, and the adverse effects of heat or cold, physical suffering, and impairment of health; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and for dogs and cats, provides a solid surface, resting platform, pad, floormat or similar devices that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this subchapter, shelter whose wire grid, or slat floors which (i) permit the animals’ feet to pass through the openings, (ii) sag under the animal’s weight, or (iii) otherwise do not protect the animals’ feet or toes from injury are not adequate shelter. The structure must be provided with bedding such as straw, cedar shaving, blankets, or the equivalent so as to provide insulation and protection against the elements of the weather and to help retain body heat in the winter and must be kept in a cool shaded area in the summer.
(B) It shall be unlawful for any person to intentionally overdrive, overload, wound, beat, injure, torment, kill, or poison or otherwise abuse an animal; or procure an animal to be overdriven, overloaded, wounded, beaten, injured, tormented, killed, or poisoned or otherwise abused; or cause, instigate, or permit any dogfight, cockfight, bullfight, or other combat between animals and humans and animals; provided humane euthanasia is an acceptable care.
(C) It shall be unlawful for any person to promote, encourage, engage in or do any act toward the furtherance of any act of cruelty to an animal.
(D) No owner of an animal shall abandon such animal except to relinquish the animal to the animal shelter during normal business hours, if an animal control officer finds that an animal has been abandoned, the animal may be impounded. If an animal has been abandoned in a house or within a fenced area, the officer must make a reasonable effort to locate the owner or manager of the property. If the property owner or manager is not the animal owner, then the officer does not need to secure permission from the property owner or manager to remove the animal, unless the property owner or manager agrees to become responsible for animal, including its care. If the property owner is also the animal owner and this individual cannot be located, the officer shall secure an appropriate warrant to seize the animal. An animal seized pursuant to this section shall be impounded. If the animal is unclaimed by its owner after being held 72 hours, the animal shall be disposed of by adoption or humane euthanasia.
(E) (1) It shall be unlawful for any person to place or confine an animal or allow an animal to be placed or confined in a motor vehicle under such conditions or for such a period of time as to endanger the health or wellbeing of such animal due to temperature, lack of food or drink, or such other conditions as may reasonably be expected to cause suffering, disability, or death.
(2) After making a reasonable effort to find the driver of a vehicle in which an animal is confined, the animal control officer, in the presence of a law enforcement officer, may use the least intrusive means to enter the vehicle if necessary to remove the animal, where reasonable cause exists to believe the animal may die if not promptly removed. The animal control officer removing the animal shall then impound the animal and leave in a prominent place on the motor vehicle a written notice of the animal’s impoundment, a brief description of the animal, and where and when the animal may be reclaimed.
(F) It shall be unlawful for any person injuring or killing a domestic animal by striking it with an automobile or other vehicle to fail to notify the owner of such animal, if ownership information is available. If ownership information is not available, or if the animal is injured but alive, animal control or law enforcement must be notified.
(G) It shall be unlawful for any person to sponsor, promote, or train a wild, exotic or domestic animal to participate in any unnatural behavior in which the animal is wrestled, fought, harassed, or displayed in such a way that the animal is abused or stressed. This prohibition applies to events and activities taking place in either public or private facilities or property in the county and applies regardless of the purpose of the event or activities and whether or not a fee is charged to spectators.
(H) It shall be unlawful for anyone to sell or adopt any dog or cat under the age of six weeks old without accompanying its mother or until fully weaned.
(I) It shall be unlawful to tether an animal to a stationary object for a period of time or under conditions that an animal control officer or animal cruelty investigator deems harmful or potentially harmful to the animal. Tethering may be allowed in certain cases where daily socialization and exercise off the tether can be verified and the animal is not exhibiting health or temperament problems. Examples of improper tethering include, but are not limited to the following:
(1) Using a length or weight of tether that is not appropriate for the size, weight and age of the animal. The restraint must be a minimum of four times the length from the tip of the animal’s nose to the tip of the animal’s tail and shall be no less than ten feet.
(2) Using tether that does not have swivels on both ends. All tethers must be attached to the animal by means of a properly fitting harness or collar of not less than one inch in width made of nylon or leather.
(3) Allowing an animal to be tethered such that the animal is not confined to the owner’s property or such that the tether can become entangled and prevent the animal from moving about freely, lying down comfortably or having access to adequate food, water and shelter.
(Ord. passed 9-16-2021) Penalty, see § 91.99