§ 92.03 DUTIES AND RESPONSIBILITIES OF ANIMAL OWNERS.
   (A)   No person may own any animals within the city, except that dogs, cats, and other household pets can be owned if they are not kept, bred, or maintained for commercial purposes and if they are kept in compliance with the provisions of this chapter.
   (B)   Any owner of an animal shall see that such animal has access to adequate food, water, and space as defined in this chapter, and that the following conditions, if applicable, are met.
      (1)   Dog and cat owners must ensure their pets have access to adequate shelter as defined in this chapter.
      (2)   Dog and cat owners must ensure their pets are current on all required vaccinations, including rabies as well as distemper and parvovirus inoculations.
      (3)   Animals are protected against abuse, cruelty, neglect, torment, overload, overwork, or any other mistreatment.
      (4)   Animals receive adequate veterinary care as defined in this chapter, and if diseased or exhibiting symptoms of disease, receives proper medical care and is segregated from other animals so as to prevent transmittal of the disease.
      (5)   Animals are maintained in compliance with all applicable federal, state, and local laws and all regulations respecting animal care.
   (C)   In addition to the general requirements of the duties and responsibilities of animal owners in this section, every owner or keeper of an animal kept in the city shall see that:
      (1)   Animals kept outdoors have access to adequate shelter, food, water, and space, as defined in this chapter, in all weather conditions;
      (2)   In accordance to the Tufts Animal Care and Condition Scales, when the temperature is:
         (a)   At or below 40°F, animals must have access to adequate shelter, food, water, and space, including adequate, dry bedding material or other means of protection from the weather that will allow the animal to retain body heat when the weather is colder than what an animal of that breed and condition can comfortably tolerate, or, they must have continued and uninterrupted access to a climate-controlled facility; and
         (b)   At or above 80°F, animals must have access to adequate shelter, food, water, and space, including adequate shade during daylight hours (provided by trees, a tarp or other means) that prevents overheating or discomfort to the animal, or, they must have continued and uninterrupted access to a climate-controlled facility.
      (3)   In extreme weather conditions and temperatures, including a heat advisory, wind chill warning, or tornado warning that has been issued by local, state, or national authority, animals must be monitored by a competent person and have access to adequate shelter, food, water, and space, including adequate bedding and/or shade as described in this section, or, continued and uninterrupted access to a climate-controlled facility; and
      (4)   Cases will be investigated by law enforcement on an individual basis using the Tufts Animal Care and Condition Scales to determine the proper resources and care necessary to ensure each animal’s safety and well-being based on its breed, age, body, and health condition, and acclimation to the environment and weather conditions.
   (D)   Nothing in this section shall restrict an owner/keeper from allowing an animal to be outside for reasonable amounts of time during extreme temperatures to relieve itself and exercise if the animal is being monitored by a competent person.
   (E)   No owner shall allow his or her animals to become a public nuisance. Animals who engage in excessive, continuous, or untimely barking, harassing persons, chasing vehicles, habitually attacking other animals, trespassing upon school grounds, or trespassing, damaging private property shall be deemed a public nuisance, and may be impounded.
(Ord. 11-2021, passed 10-12-2021) Penalty, see § 92.99