(a) Any person who abuses an animal, aids another person in abusing an animal, or causes or permits an animal to abuse another animal, by acting or failing to act, shall be in violation of this section. Cruelty to an animal includes, but is not limited to, the following:
(1) Failing to provide adequate humane care;
(2) Mistreating animals. No person shall beat, cruelly ill treat, overload, overwork or otherwise abuse an animal, or cause, instigate or permit any dogfight or other combat between animals, or between animals and humans;
(3) Abandoning animals;
(4) Failing to provide adequate shelter, sustenance, space, exercise, bedding, and sanitary conditions for the animal;
(i) Adequate shelter for an animal other than a dog means shelter that reasonably may be expected to protect the animal from physical suffering or impairment of health due to exposure to the elements or adverse weather.
(ii) Adequate shelter for a dog means a moisture proof and windproof structure of suitable size to accommodate a dog and allow retention of body heat. The structure must be provided with a sufficient quantity of hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat.
(5) Hoarding or collecting animals;
(6) Owning, managing, obtaining, confining or caring for any number of animals in an animal mill;
(7) Giving away animals for commercial purpose. No person shall give away any live animal as a prize for, or as inducement to enter, any contest, game or other competition, or as an inducement to enter a place of amusement;
(8) Intentionally striking an animal with a motor vehicle. Any person operating a motor vehicle who strikes a domesticated animal, shall report such injury or death to County Animal Control or appropriate law enforcement authority. However, due to the possibility of injury from aiding an injured animal, this provision shall in no way be construed to require or encourage the physical touching of an injured animal by a non-qualified person who strikes a domesticated animal;
(9) Poisoning animals. No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal; provided that it shall not be unlawful for a person to expose on his own property common rat or vermin poison for the express purpose of rat or vermin control.
(10) Confinement in motor vehicle. No owner or person shall confine any animal in a motor vehicle in such a manner that places it in a life- or health-threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of an animal, an animal control officer, law enforcement officer or agent of the county who has probable cause to believe that this section is being violated shall have authority to enter such motor vehicle by any reasonable means under the circumstances, after making a reasonable effort to locate the owner or other person responsible. If the vehicle is damaged during such removal, the animal control officer, law enforcement officer or agent of the county shall not be liable for any damage to the vehicle.
(b) An animal control officer may move before a magistrate to take custody of any animal being cruelly treated, or the animal control officer, at his option, may elect to direct the owner of the animal to seek immediate veterinary care for the animal, and further may place time conditions upon such actions.
(c) The owner or person having ownership, charge or custody of an animal cruelly abused, treated or used, etc., as enumerated in this section, who is convicted of any violation of this section of the article, forfeits ownership, charge, or custody of the animal, and at the discretion of the court, the person who is convicted of a violation of this section may be ordered to pay costs incurred to care for the animal and related expenses.
(1976 Code, § 4-18) (Ord. 2130, § 6, passed 6-5-1990; Ord. 4099, § 3, passed 4-3-2007; Ord. 4396, § 3, passed 11-16-2010; Ord. 4404, § 3, passed 3-15-2011; Ord. 4969, § 1, passed 3-20-2018)