§ 93.28  PROTECTION OF ANIMALS.
   (A)   Pets and animal care guidelines. The following are established for pet and animal care and are not intended to contravene provisions for animal cruelty contained in state law.
      (1)   Provision of food, shelter and care generally. No person shall fail to provide his or her animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment.
      (2)   Abuse of animal; fighting. No person shall beat, cruelly ill-treat, overload, overwork, or otherwise abuse an animal, or cause, instigate or permit any dogfight, cockfight, bullfight or other combat between animals or between animal and humans.
      (3)   Abandonment. No owner of an animal shall abandon such animal.
      (4)   Striking with a vehicle. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop at once and render such assistance as may be possible, and shall immediately report such injury or death to the animal’s owner; in the event the owner cannot be ascertained and located, such operator shall at once report the accident to an Animal Control Officer or the Police Department.
      (5)   Fenced enclosures. It shall be unlawful for any person to keep a dog within a fenced enclosure in which the fence is in a state of disrepair.
      (6)   Keeping of rabbits; distance from dwelling and enclosure. Rabbits shall be kept in a secure pen or enclosure that is at least 30 feet from an inhabited dwelling, other than that of the owner, and such enclosure shall be of such construction and strength to keep the animals from running at large.
      (7)   Minimum kennel size. Any dogs confined within a fenced yard or pen must have adequate space for exercise based on a dimension of at least 100 square feet for one dog, plus an additional 30 square feet for each additional dog. If the dog or dogs are less than 40 pounds, the fenced area or pen may be a minimum size of 50 square feet for one dog, plus an additional 25 square feet for each additional dog. Fences and pens must comply with provisions regarding fences specified in Chapter 157, Fences of the Code of Ordinances.
      (8)   Dog tethering.
         (a)   It shall be unlawful for any person to use a chain, rope, tether, leash, cable or other device to attach a dog to a stationary object or trolley system for a period of time or in a location so as to create an unhealthy situation for the animal or a potentially dangerous situation for a pedestrian as determined by the Supervisor of Animal Control.
         (b)   Exceptions. Subject to the following conditions:
            1.   While on the owner’s premises; and
               A.   The dog is within the owner’s direct physical control; or
               B.   For a maximum cumulative time of 120 minutes, within a 24-hour period.
            2.   During a lawful animal event, veterinary treatment, grooming, approved kennel, training or law enforcement activity.
            3.   In order to protect the safety or welfare of a person or the dog and the dog’s owner maintains direct physical control of the dog; or
            4.   In the direct physical control of an owner in a designated dog park.
         (c)   Restraint specifications. The exceptions provided in division (A)(8)(b) do not apply unless the restraint meets the following specifications:
            1.   The chain, rope, tether, leash, cable or other device is attached to a properly fitted collar or harness worn by the dog;
            2.   The chain, rope, tether, leash, cable or other device is not placed directly around the dog’s neck;
            3.   The chain, rope, tether, leash, cable or other device does not exceed one-tenth of the dog’s body weight;
            4.   The chain, rope, tether, leash, cable or other device, by design and placement allows the dog a reasonable and unobstructed range of motion without entanglement;
            5.   The dog is restrained in a manner that provides necessary shelter and clean wholesome water; and
            6.   Prevents the dog from advancing to within 15 feet of the edge of any public street, sidewalk or other public right-of-way.
         (d)   Hand-held leashes. This division (B) does not prohibit the walking of a dog with a hand-held leash.
         (e)   Penalties.
            1.   A person commits an offense if the person fails to comply with this division (A).
            2.   Each violation of this division (A) with respect to more than one dog shall constitute a separate offense.
   (B)   No person shall give away any animal as a prize for, or as an inducement to enter any contest, game or competition, or as an inducement to enter a place of amusement, or offer an animal as an incentive to enter into any business establishment whereby the offer was for the purpose of attracting trade.
   (C)   No person shall knowingly expose any known poisonous substance, whether mixed with food or not, so that the same may be eaten by any pet or domestic animal.
(2005 Code, § 9-2-18)  (Ord. 890706A, passed - - ; Ord. 101116A, passed 11-16-2010)  Penalty, see § 10.99