A.   Prohibited Acts: Any person who overdrives, overloads, overworks, maims, wounds, tortures, torments, beats, mutilates or unlawfully kills an animal, or causes the same, and any such person having charge or custody of an animal, either as owner or otherwise, who inflicts cruelty upon it, or carries it or causes it to be contained, carried in, or upon a vehicle in a cruel or inhumane manner or knowingly and wilfully authorizes or permits it to be subjected to torture or the suffering of cruelty of any kind, shall be guilty of a Class 2 misdemeanor.
   B.   Abandoning Animal: Any person is guilty of cruelty who abandons an animal, drops off or leaves an animal on a street, road, highway, in a public place, on private property or animal shelter with the intent to abandon.
   C.   Owner Responsibilities: Any person owning or having care, control or custody of any animal shall provide:
      1.   The owner or custodian of any animal shall provide sufficient wholesome and nutritious food, potable water - free flowing or in a clean receptacle, veterinary care when needed to prevent suffering, humane care and treatment, and protection from the elements. Examples of violations would include, but not be limited to, the following:
         a.   Lack of immediately available, proper drinking water or an inadequate supply of drinkable water;
         b.   Lack of wholesome, palatable food or sustenance to be provided free from contamination and in sufficient quantity;
         c.   Failure to provide an animal sufficient space to stand to full height, turn around, lay down and make normal postural adjustments for comfort;
         d.   The lack of providing shelter from weather, such as sun, rain, wind or inclement weather, or failure to maintain the shelter in a clean, sanitary condition free from excrement and unreasonable, objectionable odors; or
         e.   To have an animal in possession that is known to or suspected to have an injury, accidental or deliberate, or to exhibit any signs of disease, shock, temperature fluctuations, tremors, swelling, open wounds, inability to eat, blistering or abnormal bleeding, partial paralysis, discharging blood or mucus, and failure to arrange for immediate medical care.
      2.   Within an area, the greater part of which is utilized for residential, business or commercial purposes, and zoned as such, manure and droppings shall be removed from pens, yards, cages and other enclosures daily, and placed in fly-proof and insect-proof containers for disposal in an approved manner that will maintain the premises nuisance-free. Owners or keepers of animals shall not allow animals to defecate on the residential or commercial property of another.
      3.   No person shall, at any time, fasten, chain or tie any dog, or cause such dog to be fastened, chained or tied, while the dog is on the dog owner's property or on the property where the dog's owner or custodian is, unless owner or custodian has direct or indirect supervision of the dog. While direct point chaining or tethering of dogs to a stationary object is prohibited, dogs may be restrained by means of a trolley system, or a tether attached to a pulley on a cable run, between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., if the following conditions are met:
         a.   Only one dog may be tethered to each cable run;
         b.   The tether must be attached to a properly fitting collar or harness worn by the dog, with enough room between the collar and the dog's throat through which two (2) fingers may fit. Choke collars and pinch collars are prohibited for purposes of tethering a dog to a cable run;
         c.   There must be a swivel on at least one end of the tether to minimize tangling of the tether;
         d.   The tether and cable run must be of adequate size and strength to effectively restrain the dog. The size and weight of the tether must not be excessive, as determined by the animal control officer, considering the age, size and health of the dog;
         e.   The cable run must be at least ten feet (10') in length, and mounted at least four feet (4') and no more than seven feet (7') above ground level;
         f.   The length of the tether from the cable run to the dog's collar should allow access to the maximum available exercise area, and should allow continuous access to water and shelter. The trolley system must be appropriate configuration to confine the dog to the owner's property, to prevent the tether from extending over any object or an edge that could result in injury or strangulation of the dog, and to prevent the tether from becoming tangled with other objects or animals.
      4.   No person shall fasten, chain or tie any dog outside during extreme weather conditions.
      5.   Any dog within a confined yard must have an adequate space for exercise:
         a.   Have an enclosure that shall be construed in a manner to minimize risk of injury to the animal and shall encompass sufficient usable space to keep the animal in good condition;
         b.   That the animal has access to adequate shelter and is protected from temperature extremes at all times, allow the dog to remain dry and protected from the elements. The shelter shall be fully enclosed on three (3) sides, roofed, and have a solid floor. The entrance to the shelter shall be flexible to allow the animal's entry and exit, or if there is no entrance cover, the shelter entrance shall face away from prevailing winds and weather, and sturdy enough to block entry of wind and rain. The shelter shall be small enough to retain the animal's body heat and large enough to allow the animal to stand and turn comfortably. The enclosure shall be structurally sound and in good repair.
   D.   City Control Of Neglected Animals: The City animal control officer may take control of neglected animals and may transport neglected animals to an animal shelter for impound; veterinarian for treatment or euthanasia of the animal for the health, safety or welfare of the public and the animal. All costs incurred by the City in taking control of and treating such animal shall be assessed against the owner prior to the release of the animal.
   E.   Waiver Of Provisions: Any of the provisions of this section may be waived as dictated by treatment under the direction of a licensed veterinarian.
   F.   Penalties: A violation of any provision of this section is punishable by a fine of no less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00). No Judge, or Magistrate may suspend the imposition of the minimum fine prescribed herein. In addition to the fine amount, the penalty may include not more than six (6) months in jail and not more than three (3) years' probation, or any combination thereof.
In addition, upon finding of neglect or cruelty by a Judge or City Magistrate, the Judge or Magistrate may order that the owner shall not be permitted to own or control any animal for a period of up to three (3) years. (Ord. 05-590, 5-23-2005; Ord. 18-883, 12-10-2018)