Every owner and/or agent within the city shall see that each of his or her animal or animals:
(A) Is kept in a clean, sanitary and healthy manner and is not confined so as to be forced to stand, sit, or lie in its own excrement, except for the normal husbandry practice of confined feeding;
(B) Has sufficient and wholesome food and water, which is proper and nutritional for that species of animal at all times;
(C) Has a proper and adequate shelter provided that will protect the animal from all elements of the weather and will allow that animal to stand, sit, and lie down without restriction, and it is kept in a sanitary manner;
(D) If ill, diseased or injured, receives proper veterinary care as necessary to promote the good health of the animal and prevent the transmittal of disease to other animals or human beings;
(E) Is not beaten, cruelly ill-treated, overloaded, overworked, tormented or otherwise abused;
(F) Is not subjected to any dogfight, cockfight, bullfight or other combat between animals or between animals and humans;
(G) Is not physically altered in any manner by anyone other than a veterinarian or by accepted veterinary procedures and/or accepted animal husbandry procedures with the exception of tattooing for identification purposes and grooming;
(H) Is not abandoned, neglected or tortured;
(I) In the case of a dog, cat or ferret over the age of 12 weeks, is property vaccinated against rabies by a licensed veterinarian annually, or upon such frequency as may be specified by the Indiana Board of Animal Health;
(J) Is properly restrained, which means no animal shall be hitched, tied or fastened by any rope, chain or cord that is directly attached to the animal's neck. Animals that are tied, hitched or fastened to restrain them must wear a properly fitted collar or harness made of leather or nylon, not a choke chain. This is not to prohibit the proper use of choker collars in the training of animals. The tying device shall be attached to the animal's harness and shall be at least 12 feet long;
(K) In mating season, shall be kept in a secure enclosure in such a manner that it cannot come into contact with another animal of the same species for unplanned breeding;
(L) Is not used in an unnatural way including but not limited to bestiality, pushing a chicken out of a mail box or a greased pig contest;
(M) Is not left unattended for long periods of time where water and food are not replenished and animal conditions are not monitored;
(N) Any puppy or kitten that is under the age of 8 weeks shall not be offered for sale, traded or given for free except a puppy or kitten that may be relinquished to the designated animal control facility;
(O) No person or group of persons or any for-profit or not-for-profit organization, whether for pay or other compensation or promotional purposes, shall conduct or allow any event involving contests between animals or persons using animals in any form except those events reviewed and approved for the safety, well-being and comfort of the animals involved by the designee of the City of Elkhart.
(P) Animals in motor vehicles. No animal shall be left in a motor vehicle when the conditions in that vehicle would constitute a health hazard to that animal, or when the weather would constitute a health hazard to such animal confined in said motor vehicle; nor shall any person transport any animal in an unenclosed truck bed or open section of any vehicle unless the animal is enclosed in a cage which is securely fastened to the vehicle. A person who operates a motor vehicle containing animals must ensure that any animal in that vehicle does not interfere with the safe operation of said vehicle. A law enforcement officer may act to remedy any such hazard by any means, including gaining entry to impound the endangered animal.
(Ord. 5212, passed 4-19-2010; Am. Ord. 5513, passed 9-12-2016)