Every owner or his agent within the city shall see that their animal:
(A) 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, mud, water, or with any debris.
(B) Has sufficient and wholesome food and water, which is proper and nutritional for that species of animal.
(C) Has a proper and adequate structure provided that will protect that animal from all elements of the weather and will allow that animal to stand, sit, and lie down without restriction, and is kept in a sanitary manner. For the purpose of this chapter a proper and adequate structure must satisfy each of the following criteria:
(1) Have five sides, including a slanted top, a bottom, and three sides, to protect the animal from weather elements such as rain and snow;
(2) Have a floor raised off the ground for ventilation, free of cracks to protect the animal’s feet and legs from injury, depressions and rough areas where insects, rodents or eggs from internal parasites may lodge;
(3) Be of adequate size to allow the animal to stand up and turn about freely, stand easily, sit and lie in a comfortable position;
(4) Be constructed and maintained so that the animal has convenient access to clean food and water;
(5) Provide sufficient shade to allow the animals kept outdoors to protect themselves from the direct rays of the sun, when sunlight is likely to cause overheating or discomfort;
(6) Be structurally sound and maintained in good repair to protect the animal from injury; and
(7) Have sufficient clean and dry bedding material or other means of protection from the weather elements provided when the ambient temperature falls below that temperature to which the animal is acclimated.
(D) If ill, diseased, or injured receives proper medical care as necessary to prevent the transmittal of a disease to other animals or human beings and is segregated from other animals.
(E) Is not beaten, cruelly ill-treated, overloaded, overworked, or otherwise abuse any animal, or cause, instigate, or permit any dog fight, cockfight, bullfight, or other combat between animals or between animals and humans.
(F) Is not physically altered in any manner by anyone other than a veterinarian with the exception of tattooing and grooming.
(G) Is not abandoned, neglected, or tortured.
(1) For purposes of this sub-section, an animal shall be considered abandoned if it is kept (whether inside, tethered, or within a fenced yard or kennel) at a property where an adult is present for less than eight hours per day or no one currently resides.
(2) For purposes of this sub-section, an animal shall be considered neglected if it is not 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 animal is in visual range of an adult who is outside with the animal.
(H) Does not become a public nuisance as defined in § 91.01.
(I) Does not become a vicious animal.
(J) Is properly vaccinated and licensed if required by a local, state, or federal law.
(K) Is properly restrained. For the purposes of this chapter an animal shall be considered properly restrained if kept: indoors, confined within a safe and adequate structure, or tethered.
(L) (1) Any animal confined within a fenced yard or a kennel shall have the following:
(a) An adequate space for exercise based on a dimension of at least 100 square feet;
(b) An adequate space for exercise based on a dimension of at least 100 square feet; and
(c) A proper and adequate structure so the animal can get out of elements while confined.
(2) The enclosure shall be constructed of chain link or of similar type materials of sufficient height to prevent the animal from escaping from the enclosure and in a manner to minimize the risk of injury to the animal. The owner or her agent shall maintain the fenced yard or kennel area to insure adequate sanitary conditions for the animal.
(Ord. 8-C-86, passed 5-13-86; Am. Ord. 7-C-18, passed 3-27-18) Penalty, see § 91.99