(A) Animal care requirements. Every owner or keeper of an animal kept in the city shall see that such animal:
(1) Is kept in a clean, sanitary, and healthy manner and is not confined so as to be forced to stand, sit, or lie in its own excrement; the person(s) responsible for animal(s) shall regularly and, as often as necessary to prevent odor or health and sanitation problems, maintain all animal areas or areas of animal contact;
(2) Has food that is appropriate for the species in adequate amounts to maintain good health, fresh potable drinking water where appropriate, shelter and ventilation, including quarters that are protected from excessive heat and cold and are of sufficient size to permit the animal to exercise and move about freely;
(3) Is protected against abuse, cruelty, neglect, torment, overload, overwork, or any other mistreatment;
(4) Shall provide the reasonably necessary medical care according to commonly accepted veterinary standards, in addition to the required rabies vaccination which shall include recommended vaccinations as required by accepted veterinary standards, and if diseased or injured or exhibiting symptoms of disease, receives proper care and is segregated from other animals so as to prevent transmittal of the disease; and
(5) Is maintained in compliance with all applicable federal, state, and local laws and all regulations respecting animal care and control.
(B) Mistreatment. It shall be unlawful for a person to beat, starve, or otherwise mistreat any animal in the city, or to fail to comply with any requirement of division (A) above.
(C) Unlawful tethering. It shall be unlawful to tether any animal by use of a choke collar, or on any collar too small for the size and age of the animal, or by any rope, chain, or cord directly attached to the animal’s neck, or by a leash less than 12 feet in length, or by any tether or leash without swivels on both ends, or of such unreasonable weight as to prevent the animal from moving about freely.
(D) Tethering requirements. It shall be unlawful for any animal to be tethered between the hours of 11:00 p.m. and 6:00 a.m.; or to tether any unsterilized dog for any period of time unless such dog is in visual range of a competent adult who is outside with the dog; or to tether or confine an animal at or upon a vacant structure or premises for any purpose or time when it is not monitored by a competent adult who is present at the property for the duration of such tethering or confinement.
(E) Requirements for confinement outside. In addition to the general requirements for animal care and treatment in this chapter, every owner or keeper of a dog kept in the city shall see that such dog when confined outside:
(1) Has access to a shelter constructed of solid wood or other weather-resistant material, consisting of a structure with solid walls on all sides, and a dry floor raised above the ground. During winter and any day when the temperature is at or below 40°F, the shelter must be just large enough for the dog to stand up and turn around, and must contain clean, dry bedding, which must consist of an insulating material that does not retain moisture, such as straw, of sufficient depth for the dog to burrow. On any day when the temperature is at or above 80°F, the shelter must be shaded by trees, a tarp, or a tarp-like device;
(2) Must be brought into a temperature controlled facility when the temperature is at or below 20°F or at or above 90°F, or when a heat advisory, wind chill warning, or tornado warning has been issued by local, state, or national authority, except when the dog in visual range of a competent adult who is outside with the dog;
(3) Has adequate space for exercise when confined in an enclosure or pen, which shall consist of no less than 100 square feet. A dog over 80 pounds must be provided with an additional 50 square feet. For each additional dog inside the enclosure, 50 square feet of space for exercise must be added per dog;
(4) Is treated so that there are no open lesions on the dog’s skin due to insect bites or other parasitic infections; and
(5) Shall not be tethered except when all of the following conditions are met:
(a) The tether is not attached to a motorized vehicle, such as an automobile, truck, or motorcycle;
(b) The dog is at least six months of age and is not sick or injured;
(c) The tethered dog has access to water, shelter, and dry ground. If there are multiple tethered dogs, each dog must be tethered separately in a manner that prevents the tethers from becoming entangled with each other or any other object, and each dog must have separate water and shelter;
(d) The tether is attached to the dog by a properly fitting buckle-type collar, or a collar that will not break under pressure, with a rotating toggle or attachment. Pinch, prong, or choke collars shall not be used. The tether shall not wrap directly around the dog’s neck. The tether must have swivels on both ends;
(e) The tether is not of such unreasonable weight as to prevent the dog from moving about freely, is free of tangles, cannot be entangled with another animal or object, and is at least 12 feet in length;
(f) If the dog is attached to a trolley system, the running line must be at least 12 feet in length and the tether length must be greater than the height of the running line; and
(g) The tether is located so as not to allow the dog to trespass on public or private property nor in such a manner as to cause harm or danger to persons or other animals.
(F) Violations. In the discretion of the enforcement authority, a person who violates any provision of this section for the first time may be given written notice of the practices or conditions which constitute the violation, and the enforcement authority shall, in such instance, direct remedies to such person where appropriate and provide a time period of no longer than 30 days within which to correct the violation(s). Failure of the violator to correct the violations within the specified time period shall constitute prima facie evidence of a violation under this section.
(G) Abandonment. It shall be unlawful for any owner or person having custody of any dog, cat, or other animal to abandon the same within the city.
(H) Inhumane traps. It shall be unlawful to use any inhumane trap within the city limits.
(Ord. 2009-15, passed 5-27-2009; Ord. 2019-25, passed on 5-13-2020) Penalty, see § 90.99