(a) No person who confines or who is the custodian or caretaker of an animal shall negligently do any of the following:
(1) Torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against an animal;
(2) Deprive an animal of necessary sustenance, or confine an animal without supplying it during the confinement with sufficient quantities of good, wholesome food and clean, potable water;
(3) Impound or confine an animal without affording it, during the impoundment or confinement, with access to adequate shelter to protect the animal from heat, cold, wind, rain, snow, excessive moisture, or excessive direct sunlight, if it can reasonably be expected that the animal would become sick or suffer in any other way as a result of the failure to afford adequate shelter.
A. It shall be prima facie evidence that an animal does not have adequate shelter from the cold if the animal is observed in conditions where the temperature is equal to or less than 32 degrees Fahrenheit and the animal is visibly shivering for at least 5 continuous minutes.
B. It shall also be prima facie evidence that an animal does not have adequate shelter from excessive moisture where the temperature is equal to or less than 32 degrees Fahrenheit and the animal does not have an area of clean, dry bedding sufficient to allow the animal to lie down comfortably.
(4) Keep an animal in an enclosure which does not, at minimum, permit the animal to stand, turn around, and lie down to its full length comfortably.
(5) Keep an animal in an enclosure without adequate ventilation and change of wholesome air.
(6) Keep an animal in a place that is unsanitary, including a place where there is an accumulation of feces or other waste, or foul odor, or insect or rodent infestation.
(b) "Cruelty," "torment," and "torture" include every act, omission, or neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief.
(c) Any act, omission or neglect prohibited by this section or any subsections herein may be charged as a separate offense for each animal so affected.
(d) Whoever violates any provision of this section or any subsections herein shall be guilty of animal neglect. Animal neglect shall be a misdemeanor of the second degree on a first offense. Animal neglect shall be a first degree misdemeanor if the offender has been previously convicted of this section or any subsections herein, any offense listed under Chapter 959 of the Ohio Revised Code, or any other state or local ordinance relating to animals, other than a minor misdemeanor. Animal neglect shall also be a first degree misdemeanor if (a) the offense was a contributing factor leading to the death of the animal; (b) the offense was a contributing factor leading to some permanent harm or disability to the animal; or (c) the offense was of such severity or nature that it could be reasonably expected that the animal would have died as a result of the neglect if not for the intervention of a humane agent, dog warden or other law enforcement officer.
(Ord. 11-18. Passed 5-16-11.)