(a) No owner, keeper or person in charge of any animal shall do or fail to do anything, which is cruel or inhumane including but not limited to:
(1) Fail to provide sufficient and wholesome food; potable water; shade and protection from the weather, especially if a heat or cold advisory or a severe weather warning has been issued by a local or state authority or the national weather service for the area in which the animal is kept. Protection from the weather shall include a structurally sound, weatherproof enclosure of such size as will permit movement and simultaneously facilitate the preservation of body heat by the animals. It shall have sufficient quantity of suitable bedding material consisting of straw, cedar shavings, or the equivalent. The floor will be solid and raised off the ground. The entrance shall be covered with a flexible windproof material or a self-closing swinging door. A garage, shed or other structure, not designed and built specifically for an animal, shall not be considered suitable housing, unless otherwise specifically found by the Animal Control Officer. Further, no person who owns any animal shall fail to provide such animal adequate opportunity for exercise; regular veterinary care and when needed, veterinary care for injury or illness, unless the animal is instead humanely euthanized; or other care as is needed for the health or well-being of such kind of animal; or
(Ord. 59-1993. Passed 4-5-93.)
(2) Abandon any animal in any place. For the purpose of this provision, "abandon" means for the owner, keeper or person in charge to leave any animal without demonstrated or apparent intent to recover or to resume custody; leave any animal for more than twelve hours without providing for adequate food, potable water and shelter for the duration of the absence; or turn out or release any animal for the purpose of causing it to be impounded; or
(3) Leave any animal unattended in a vehicle when such vehicle does not have adequate ventilation and temperature to prevent suffering, disability or death to such animal.
A. For the purpose of this section, if attempts to locate the vehicle owner fail, any law enforcement officer or animal control officer may take action necessary to rescue a confined animal to remove the threat of further serious harm. The owner, keeper, or person in charge will be liable for all reasonable and necessary impound, board and medical fees.
B. No officer or agent taking action under Section 505.09(a) shall be liable for damages necessary to rescue the confined animal.
(4) Tether an animal in the following circumstances:
A. With a pinch or prong collar;
B. With a tow chain, log chain, padlock chain, or any type of tether unsuitable to the animal’s size and weight;
C. Use a tether less than six feet in length.
D. For the purposes of this section, “tether” means a rope, chain, cord, dog run or pulley, or similar restraint for holding an animal in place, allowing a radius in which it can move about.
(b) Any animal impounded for being kept in violation of this section or Section 505.20(a) may be humanely euthanized upon advice of a licensed veterinarian and by the Supervisor if he or she deems it necessary to relieve suffering. The owner of any animal that is not euthanized shall be entitled to regain custody of such animal only after such custody is authorized by the court. All expenses accrued for the treatment or care of such animal shall be paid by the owner, whether or not he or she seeks to regain custody of such animal.
(Ord. 133-1981. Passed 5-18-81.)
(c) The owner, keeper, or person in charge of any animal who has been charged under this section or Section 505.20(a) who fails to appear in court on the scheduled date to enter a plea or fails to appear on any additional court dates, after entering a plea, without permission from the judge or authorized court employee will have fourteen days from that date to settle the matter with the Court. Failure to comply will result in the animal being held at the shelter to become the property of the City allowing it to be adopted or, if necessary, humanely euthanized.
(d) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 599.02.
(Ord. 118-1997. Passed 5-19-97; Eff. 6-19-97; Ord. 216-2001. Passed 12-3-01; Ord. 62-2003. Passed 3-17-03; Ord. 83-2018. Passed 6-4-18.)