(A) A person commits cruelty to animals if he or she intentionally or knowingly:
(1) Fails to provide any animal in his or her charge or custody with adequate food, drink, care, and shelter;
(2) Abandons an animal in his or her custody;
(3) Carries or confines any animal in or upon any vehicle in a cruel or inhumane manner, including, but not limited to, carrying or confining such animal without adequate ventilation or for an unusual length of time;
(4) Kills, maims, disfigures, tortures, beats with a stick, chain, club, or other object, mutilates, burns, scales, over-drives, overworks, or otherwise cruelly set upon any animal. Each offense shall constitute a separate violation;
(5) Makes accessible to any animal, with intent to cause harm or death, any substance which has, in any manner, been treated or prepared with any harmful or poisonous substance. This provision shall not be interpreted as to prohibit the use of poisonous substances for the control of vermin in furtherance of the public health, when applied in such a manner as to reasonably prohibit access to other animals; or
(6) Causes any animal, not including a dog, to fight with another animal or creature of like kind for amusement or gain; or causes any animal, including a dog, to fight with a different kind of animal or creature for amusement or gain.
(B) It is an affirmative defense to prosecution under this section that the conduct of the actor towards the animal was by a licensed veterinarian using accepted veterinary practice, or directly related to bona fide experimentation for scientific research, provided that if the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless directly necessary to the veterinary purpose or scientific research involved.
(Ord. D-1-1994, passed - -1994)