A. Definitions: As used in this section:
ANIMAL: Any mammal, fowl, fish, reptile or invertebrate, including wild and domesticated species, other than a human being.
ANIMAL FACILITY: Any vehicle, building, structure, farm, ranch or other premises where an animal is kept, handled, transported, housed, exhibited, bred, offered for sale or used in any lawful scientific test, experiment, investigation or educational training.
EFFECTIVE CONSENT: Consent by the owner or a person legally authorized to act for the owner. Consent is not effective if induced or given by force or fear; by a person the offender knows is not legally authorized to act for the owner; by a person who is under the age of eighteen (18); by a person who has a mental disease or defect; or by a person who is under the influence of drugs or alcohol and is known by the offender to be unable to make a reasonable and rational decision.
OWNER: A person who has title to the property, possession of the property, or a greater right to possession of any animal or property than another person.
PERSON: Any individual, agency, corporation, association, nonprofit corporation or organization, stock company, firm, trust, partnership, or any other legal entity.
POSSESSION: Actual care, custody, control or management.
B. Prohibited Acts With Regard To Certain Animal Facilities:
1. No person shall, without the effective consent of the owner and with intent to damage any enterprise conducted at that animal facility:
a. Damage, destroy or remove an animal facility or any property or animal in or on the premises of an animal facility;
b. Acquire or otherwise exercise control over an animal facility, an animal or other property from an animal facility, with the intent to deprive the owner of such facility, animal or property;
c. Enter an animal facility, not open to the public, with intent to commit an act prohibited by this section;
d. Enter an animal facility and commit or attempt to commit an act prohibited by this section;
e. Remain concealed in an animal facility, with intent to commit or attempt to commit an act prohibited by this section;
f. Enter or remain on the premises of an animal facility when the person has notice that entry is forbidden by any of the following:
(1) Written or oral communication with the owner or a person with effective consent to act for the owner;
(2) Fencing or other enclosure obviously designed to exclude intruders and/or contain animals; or
(3) A sign or signs posted on the property or at the entrance to any building on the property advising that unauthorized entry is forbidden;
g. Release any animal or animals, with the intent of depriving the owner of such animal(s).
C. Exceptions: The foregoing provisions of this section shall not apply to the lawful activities of any governmental agency or employees or agents thereof carrying out their respective duties under the law.
D. Poisoning Cattle: Every person who wilfully administers any poison to any animal that is the property of another and any person who wilfully exposes any animal to any poisonous or noxious substance with the intent that the substance be ingested by the animal shall be guilty of an offense.
E. Cruelty To Animals: Any person who shall wilfully or maliciously overload, torture, destroy or kill an otherwise healthy animal by inhumane means, or cruelly beat or injure, maim or mutilate any animal in subjugation or captivity, whether wild or tame, whether belonging to himself or to another or who shall deprive such animal of necessary food, drink or shelter, or who shall cause or permit any such animal to be so treated or who shall wilfully instigate, engage in, or in any way assist or further any act of cruelty to any animal, or any act tending to produce cruelty, shall be guilty of an offense. Any officer finding an animal maltreated or abused shall cause the same to be taken care of, and the charges therefor shall be a lien upon such animal, to be collected thereon as upon a pledge or lien from the owner.
F. Abandoned Animals; Manner Of Destruction:
1. Any person owning or having care, custody or control of a maimed, diseased, disabled or infirm animal who abandons said animal or allows said animal to lie in a public street, road, or public place for more than one hour after said person receives notification by a duly authorized person that the animal is disabled or dead, shall, upon conviction, be guilty of an offense.
2. Any peace officer, animal control officer, or agent of any humane organization organized for the purpose of preventing cruelty to animals may destroy or cause to be destroyed in a humane manner any animal which is found abandoned and not being properly attended to and, in his judgment, is mortally wounded or injured. For purposes of this section, the term "abandon" or "abandoned" means the voluntary relinquishment of an animal with no intention to retain possession and shall include, but shall not be limited to, vacating a premises and leaving the animal in or at the premises, or failing to feed and provide water to the animal or allowing it to wander onto other persons' property or public property with no intent of maintaining ownership or custody over said animal.
3. When any person is arrested and, at the time, is in custody of any animal or any vehicle drawn by or containing any animal, the arresting officer may take custody of the animal or deliver the animal or have it delivered to an animal control officer or the appropriate humane agency which shall assume custody of the animal. All necessary expenses related to care of the animal shall be a lien on the animal, to be collected upon as upon a pledge or lien before releasing said animal to its owner.
G. Animals In Transit: Any person who carries or causes to be carried in or upon any vessel or vehicle, or otherwise, any animal in a cruel or inhumane manner or so as to produce torture is guilty of an offense.
H. Abandonment: Abandoning of domestic animals along streets or highways or in any public place is prohibited. Any person who deposits any live cat, dog or other domestic animal along or upon any private or public street, or roadway, or in any other private or public place with the intention of abandoning the animal shall, upon conviction, be guilty of an offense. (Ord. 254, 9-8-2008)
I. Tethering Of Animals:
1. Any person who shall tether by any means with a chain or cable or rope any animal where the animal is unable to reach food and water and/or where the animal cannot walk, run or in any manner move a distance of at least ten feet (10'), and/or where the animal does not have available appropriate shelter from the elements at all times shall be guilty of an offense.
2. Any person who shall by any means tether an animal for more than ten (10) continuous and/or consecutive hours shall be guilty of an offense.
3. Any person who tethers an animal from one hour after sunset until one hour before sunrise shall be guilty of an offense, unless granted relief in writing by the city manager that allows for tethering for a comparable number of hours due to shift work or other contingencies.
4. Any person who shall tether an animal with a chain or cable which is too heavy for the animal to effectively move about shall be guilty of an offense.
5. Any person who shall tether a dangerous or potentially dangerous animal with a material which can be chewed off or cut into shall be guilty of an offense. (Ord. 307, 6-9-2014)