§ 94.045 CRUELTY TO DOMESTIC ANIMALS.
   (A)   Animals under human custody or control shall be housed in healthy environments and shall be provided with proper food, water, shelter, medical care, exercise space and ventilation. Any person owning or having care, control or custody of any animal shall ensure that the animal receives daily, food that is free from contamination and is of sufficient quantity and nutritive value to maintain the animal in good health; that potable water is accessible to the animal at all times, either free-flowing or in a clean receptacle; that all animals have convenient access to shelter throughout the year. Any such shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements, and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation or drainage, shall not comply with this section. Any shelter, all bedding and any spaces accessible to the animal shall be maintained in a manner which minimizes the risk of the animal contracting disease, being injured or becoming infested with parasites.
   (B)   Animals shall receive care and medical treatment for debilitating injuries, parasites and diseases, sufficient to maintain the animal in good health and minimize suffering.
   (C)   Animals shall be given adequate exercise space, either within an enclosure that shall be constructed of material and in a manner to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition; or on a tieout, consisting of a chain, leash, wire cable or similar restraint attached to a swivel or pulley. A tieout shall be not less than ten feet in length, and of sufficient strength to control the actions of the animal, and shall keep the animal confined within the boundaries of the owner’s property. Tieouts shall be so located that they cannot become entangled with other objects. Collars used to attach an animal to a tieout shall not be of a choke type.
   (D)   Animals shall have access to adequate ventilation and be protected from temperature extremes at all times. It is unlawful for any person to keep any animal in a vehicle or other enclosed space in which the temperature is either so high or low, or the ventilation is so inadequate, as to endanger the animal’s life or health. Any peace officer or Town Animal Control Officer is authorized to use whatever force is reasonable and necessary to remove any animal from a vehicle or other enclosed space whenever it appears that the animal’s life or health is endangered by extreme temperatures or lack of ventilation within the vehicle or other enclosed space. No peace officer or Town Animal Control Officer shall be liable for damages to property caused by the use of reasonable force to remove an animal from a vehicle or other enclosed space under those circumstances.
   (E)   Any of the provisions of this section may be waived as dictated by treatment under the direction of a licensed veterinarian.
(1974 Code, § 6-3-6) (Ord. 01-001, passed 3-27-2001) Penalty, see § 94.999