(A) General requirements for animal care and treatment. Every owner or keeper of an animal kept in the town 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) Shall not be tethered by use of a choke collar, or on any collar too small for the size and age of the animal, nor by any rope, chain or cord directly attached to the animal’s neck, nor by a leash less than 12 feet in length, or of such unreasonable weight as to prevent the animal from moving about freely;
(4) Shall not be tethered or confine an animal at a vacant structure or premises for any purpose or time if not monitored by a competent adult who is present at the property for the duration of the tethering or confinement. Invisible fencing with collar control is allowed.
(5) Is protected against abuse, cruelty, neglect, torment, overload, overwork or any other mistreatment;
(6) Shall provide the reasonably necessary medical care, 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;
(7) Is maintained in compliance with all applicable federal, state and local laws and all regulations respecting animal care and control as are adopted by the town;
(8) It shall be unlawful for a person to beat, starve or otherwise mistreat any animal in the town; and
(9) In the discretion of the Department of Animal Control, 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 Department of Animal Control 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 person to correct the violations within the specified time period shall constitute prima facie evidence of a violation of this section.
(B) Abandonment of animal. It shall be unlawful for a person to abandon any animal on public or private property in the town.
(C) Animals in vehicles.
(1) It shall be unlawful to leave an animal unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal.
(2) It shall be unlawful for any dog or cat to ride in the bed of a pickup truck on public streets, highways and/or rights-of-way unless the animal is securely caged and protected from the environment or unless the bed of the pickup truck is enclosed with a camper shell or other device and there is appropriate and sufficient ventilation.
(D) Report of vehicular collision with animal. A person whose vehicle causes injury or death to an animal in the town shall stop at once, assess the extent of the injury to the extent that it is safe to do so, and immediately notify the animal’s owner, if known, or the Department of Animal Control, with a description of the animal struck, the location of the striking and an estimate as to the condition of the animal after being struck, along with the rabies tag number of the animal, if it can safely be ascertained. Such person shall not be required to report his or her name, as the only purpose of this requirement is to aid the stricken animal and notify its owner.
(E) Lost or stray animals.
(1) Persons finding a stray animal are to notify the Department of Animal Control within 48 hours. At the discretion of the Department of Animal Control, the animal may be kept by the finder and a found report left with the Department of Animal Control to enable the finder an opportunity to return the animal to its rightful owner.
(2) Upon demand, by the Department of Animal Control, the New Albany and Floyd County Animal Control and Shelter will be notified of any found animal for pick up.
(3) Person(s) finding an animal is obligated to comply with all the rules and regulations of this subchapter pertaining to humane care and treatment of animals, while said animal is in their custody awaiting return to its actual owner.
(4) With the exception of the Department of Animal Control, the finder will be considered the found animal’s owner for purposes of this subchapter only after the animal is in the finder’s custody for 30 continuous days.
(F) Attempts to poison any animal. It shall be unlawful for a person to throw or deposit poisoned meat or any poison or harmful substance in any street, alley, marketplace or public place, or on any private premises, in the town for the purpose of destroying or injuring any animal.
(G) Unlawful to shoot any animal. It shall be unlawful for a person to shoot any dog, cat or other animal unless it is a dangerous animal.
(H) Animal fights.
(1) It shall be unlawful for a person to incite, train to fight (other than a crime prevention dog) or set any animal to fighting another animal or to incite combat between animals and humans in the town.
(2) No person shall possess animal fighting paraphernalia and a dog, cock, fowl or bird bearing a scar, wound or injury consistent with animal fighting.
(3) No person shall attend an animal fighting contest.
(4) No person shall sell, purchase, own, harbor, give away, barter, breed or possess any animal for animal fighting.
(5) No person shall permit anyone to use any building, shed, room, yard, ground, premises, vehicle or property, whether enclosed or not for the purpose of animal fighting.
(6) No person shall aid, abet, assist, act as judge or referee, bet or wager money or other valuable consideration on the outcome of, be at, attend or in any way engage in the furtherance of an exhibition of animal fighting.
(I) Prohibited animal events. No person or group of persons or any for-profit organization, whether for pay or other compensation or for free promotional purpose, shall conduct or allow any event involving contests between animals or persons using animals in any form or manner except those events reviewed and approved for public safety and the safety, well-being and comfort of the animals involved by the Department of Animal Control.
(J) Enticement of another person’s animal.
(1) It shall be unlawful for a person, not so authorized, to enter or invade the private premises of another person in the town to capture, entice or take any animal out of the enclosure or premises of the owner, or to seize an animal at any place while such animal is accompanied by its owner or keeper.
(2) Except as expressly authorized in this subchapter, it shall be unlawful for a person to entice any animal away from the premises of the person who owns or keeps such animal in the town, or to entice an animal from a street, alley or public place in the town with the intent to deprive the owner of the animal’s possession.
(3) It shall be unlawful for a person to bring into the town an animal for the purpose of its impoundment, or the collection of any fee or reward for its return, except as provided in this chapter.
(K) Interference with another person’s animal. It shall be unlawful for a person to feed, tease, tantalize or provoke any animal in the town without the express consent of the animal’s owner, if any, while the animal is on the owner’s property or under the owner’s control.
(L) Unlawful use of a dog. It shall be unlawful for a person to make use of a dog in the commission or furtherance of any criminal act in the town.
(M) Offensive use of any animal.
(1) It shall be unlawful in the town for a person willfully to deposit a live or dead animal upon public or private premises not owned by that person, or willfully to throw a live or dead animal or insect against any other person, or aid or abet another person in doing so.
(2) No person shall engage or cause to allow any other person to engage in a sexual act with any animal.
(N) Animals not to be offered as novelties or prizes.
(1) It shall be unlawful for a person to sell, offer for sale, trade, barter or give away in the town any live animal, bird or reptile as a novelty, prize for or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter any business establishment or enter into any business agreement whereby the offer was made for the purpose of attracting trade for business, other than establishments selling animals as their primary business.
(2) It shall be unlawful for a person to transport into the town any live animal, bird or reptile for any purposes prohibited by division (N)(1) above.
(3) It shall be unlawful for a person to sell, offer for sale or otherwise dispose of any animal whose appearance has been artificially or chemically colored, sprayed or painted
(Ord. 2010-T-056, passed 8-30-2010) Penalty, see § 90.99