5-3-33: INJURY TO ANIMALS BY MOTORISTS:

Every operator of a motor or self-propelled vehicle upon the streets and ways of the City shall immediately upon injuring, striking, maiming or running down any animal provide immediate notification to the Animal Control Division, furnishing sufficient facts relative to the incident. Such animal shall be deemed an uncared for animal within the meaning of subsection 5-3-9M of this chapter. (Ord. 2012-10, 11-13-2012)

5-3-34: ANIMALS TRANSPORTED IN VEHICLES:

Animals must be kept safe during transport.

   A.   Pickup Trucks: Animals that are transported in the bed of a pickup truck must be protected from extreme temperatures and provided with a nonmetal surface to sit or stand on.

      1.   Crate: If an animal is put in a crate or other enclosure, the crate or enclosure must be securely fastened to the bed or sides of the truck so that the crate or enclosure cannot slide, turn over or fall out.

      2.   Protection From Weather: No animal shall be left in the bed of a truck whether in a crate or not when the weather is such that the animal will be exposed to extreme heat, cold or rain.

   B.   Cars, Vans And RVs: Animals riding inside vehicles that are not in crates or other enclosures must not be allowed access to a window opened wide enough for the animal to jump or fall. Animals riding in open topped or open sided vehicles must be secured in a humane manner to ensure the animal cannot jump or fall.

   C.   Transporting More Than One Animal: In addition to all other regulations in this section, animals should never be overcrowded when being transported. If the animals are crated or kept in any enclosure, they may be allowed to share a crate but each animal should be able to stand up, move around, lie down and stretch out naturally. If crates or enclosures are stacked, they must be attached securely to prevent the crates or enclosures from falling or turning over. If crates or other enclosures are stacked, the crates or enclosures must have solid bottoms to prevent urine or feces from passing between crates and enclosures. (Ord. 2017-10, 12-12-2017)

   D.   Unattended Animals: No person shall intentionally, knowingly or recklessly leave an animal unattended in a closed vehicle for any length of time without providing adequate ventilation to prevent the temperature in the vehicle from rising high enough such that any reasonable person would know that the animal would suffer from heat exposure. An animal left in a closed vehicle without the interior of the vehicle being air conditioned when the interior temperature of the vehicle is over eighty degrees (80°), shall be prima facie evidence of a violation of this chapter. If an animal protection officer determines that an animal in a vehicle is in immediate danger, the animal protection officer or police officer may enter the vehicle by whatever means necessary, without being liable to the owner of the vehicle for any damage, and seize the animal. The animal's owner shall be responsible for all expenses related to the removal of the animal, emergency veterinary treatment and impoundment. If the animal protection officer or police officer cannot determine who confined the animal, the registered owner of the vehicle will be cited.

   E.   Driving Recklessly Or While Intoxicated: No person shall transport an animal in a motor vehicle or a towed vehicle while operating the motor vehicle in a reckless manner or while under the influence of an intoxication liquor or drugs.

   F.   Violation: An animal transported in violation of this section may be impounded pursuant to section 5-3-9 of this chapter. (Ord. 2018-18, 11-13-2018)

5-3-35: ANIMAL WASTE:

It is unlawful to permit an animal to defecate on public or private property other than the property of the owner of the animal unless such animal waste is immediately removed and properly disposed of by the person having custody of the animal. The provision of this section does not apply to guide dogs or other service dogs assisting a person with a disability. (Ord. 2012-10, 11-13-2012)

5-3-36: BREAKING INTO ANIMAL PROTECTION FACILITIES OR VEHICLES:

It is unlawful for a person to break into any pound, center, facility, kennel or vehicle wherein animals are impounded, or to in any manner remove or assist in the removal of any animal or equipment from such. (Ord. 2012-10, 11-13-2012)

5-3-37: CARE AND MAINTENANCE:

   A.   It is unlawful for a person to fail, refuse or neglect to provide any animal in his charge or custody such care and husbandry as to maintain the good health and well being of the animal. Such care and husbandry shall include, but not be limited to, adequate food appropriate to species, potable water, adequate living area, professional veterinary care and necessary grooming to maintain good health and protection from extreme weather elements. Animals shall be provided adequate space to prevent overcrowding and to maintain normal exercise according to species, size and temperament.

      1.   First time welfare check, owner is given a warning citation with a specific time to correct the problems given by the officer.

      2.   Second welfare check, if conditions have not been corrected, owner will be given a second warning with a specific time given by the officer to correct the problem.

      3.   Third welfare check, if conditions have still not been corrected the animal will be seized by an animal control officer and the disposition of the animal will be in accordance with section 5-3-9 of this chapter.

   B.   Any animal habitually kept outside shall be provided with a structurally sound, weatherproof enclosure, large enough to accommodate the animal and to provide proper ventilation, temperature and sufficient shade.

   C.   For livestock, it is unlawful for a person to fail, refuse and/or neglect to provide any livestock in his charge or custody with such care and husbandry as to maintain the good health and well being of the animal. Such care and husbandry shall include, but not be limited to, nutritious food in sufficient quantity provided daily, fresh clean potable water available at all times, clean adequate space, necessary veterinary care, necessary hoof care, and a proper shelter or protection from weather. (Ord. 2017-10, 12-12-2017)

5-3-38: CONFINEMENT OF FEMALE DOGS OR CATS IN MATING SEASON:

   A.   A person in control of a female dog or cat in mating season shall confine such dog or cat so as to prevent other dogs or cats from attacking or being attracted to such female animal, except for intentional breeding purposes.

   B.   It shall be unlawful to maintain a female dog or cat in mating season in any manner that creates a public nuisance. (Ord. 2012-10, 11-13-2012)

5-3-39: CONCEALMENT OF ANIMAL:

It is unlawful for any person to conceal any animal from the officers charged with the enforcement of this chapter. (Ord. 2012-10, 11-13-2012)