(a)    No person shall torture any animal, or unnecessarily or cruelly beat, cause suffering, needlessly mutilate or kill an animal.
   (b)   Certain Animal Care Standards have been established to protect animals against abuse or neglect:
      (1)   Proper food. All animals shall be provided with wholesome, and appropriated food which is free from contamination and is of adequate nutritive value and in sufficient quantity to maintain good health. All food receptacles shall be kept clean and sanitary. Receptacles shall be used to store food and shall be kept securely covered. The owner/custodian shall ensure that each animal receives sufficient food.
      (2)   Proper water. All animals shall have available clean and fresh drinkable water. Animals which are being worked or transported shall be provided water as often as necessary for their health and comfort. All water receptacles shall be kept clean and sanitary, be of appropriate design and size for the animal, and be positioned or affixed to prevent spillage.
      (3)   Proper space.  
         A.   Animals shall be able to stand to their full height, stretch out, turn around, and lie down in areas which are both clean and sanitary, and which allow for a free flow of fresh air.
         B.   Animals shall be allowed to exercise and have the freedom of movement as necessary to reduce stress and maintain good physical condition. Said space shall be kept free of standing water, mud, accumulated waste and debris.
         C.   Dogs and cats shall not be caged except for transport, temporary confinement or as prescribed by a veterinarian. Dogs and cats kept in cages for the aforementioned reasons shall be removed and exercised so as to maintain proper health. Cats shall be provided with litter pans and litter material which shall be changed as necessary to prevent odor and accumulation of urine and fecal matter.
         D.   Small caged animals and rodents, rats and mice, shall be maintained in cages that are of a size sufficient to permit burrowing or nesting, and which allows necessary space for the animal to exercise.
         E.   Dogs maintained in a pen shall be socially compatible and no more than 4 compatible dogs shall be housed within a single pen. The minimum pen sizes shall be in accordance with the following minimum standards.
Number of Dogs
Small Breed
Medium Breed
Large Breed
Up to 25 lbs.
25 - 50 lbs.
over 50 lbs.
3 x 7
6 x 10
8 x 10
21 sq. ft.
60 sq. ft.
80 sq. ft.
4 x 8
8 x 10
8 x 12
32 sq. ft.
80 sq. ft.
90 sq. ft.
5 x 9
8 x 12
10 x 14
45 sq. ft.
96 sq. ft.
140 sq. ft.
8 x 10
10 x 12
12 x 16
80 sq. ft.
120 sq. ft.
192 sq. ft.
         F.   Dogs continuously maintained on a restrictive chain, rope or other kind or tether shall be deemed to be improperly confined. Tethering may be acceptable in certain cases where adequate daily socialization and exercise off the tether has been afforded and verified. If a dog is confined on a tether, excepting periods of time that are brief and incidental, the tether shall be at least 15 feet in length and positioned to prevent tangling and hanging. The tether must be of proper weight for the size of the dog to be tethered and to allow for the provisions set forth in this section. Logging claims are strictly prohibited for any dog. The tethered dog shall wear a properly fitted harness or buckle type collar and be released from the tether at least twice daily and maintained under control of the owner/custodian for adequate exercise. No animal shall be tethered unless under the supervision of a custodian capable of handling the animal. Collars, harnesses and halters shall be properly fitted and maintained in good condition to prevent discomfort or injury.
      (4)   Proper light. Animals shall have such exposure to natural light as is necessary for their proper health and development. However, animals shall not be subjected to excessive amounts of illumination which results in conditions detrimental to the health of the animal.
      (5)   Proper shelter.
         A.   Indoor facilities shall be adequately ventilated by natural or mechanical means to prevent extreme temperatures, provide fresh air and minimize drafts, odors and moisture.
         B.   Animals kept outdoors shall have access to shelter that provides protection from inclement weather conditions and which shall be appropriately constructed given the species of the animal, its size, its age and its physical condition.
         C.   Animals shall have access to shade from the sun during hot weather.
         D.   Proper outdoor shelter for horses, cows and other hoofed animals shall have a roof and face away from the prevailing winds. Said shelter may be without a floor and have three sides.
         E.   Proper outside shelter for a dog shall have a roof, enclosed sides, a doorway, and solid, level floor raised at least two inches from the ground. The doorway shall be positioned away from the prevailing winds.
      (6)   Necessary veterinary care. Owners, custodians or caretakers of domestic animals who exhibit signs of diseased or severe parasitic infestation, infection, orificial discharge, loss of appetite, weight loss, abnormal skin condition or hair loss, tremors, seizures, temperature fluctuation, inability to bear weight on a limb or lameness, or any other sign of illness or injury shall provide veterinary care for said animal.
      (7)   Proper grooming. Hair or fur of an animal shall be clean and properly maintained as to prevent tangles, matting and debris, insect infestation, or skin disorders. Nails or hooves of animal shall be properly trimmed.
      (8)   Unnecessary suffering or cruelty. No animal shall be subjected to unnecessary suffering, cruelty or neglect. Unnecessary suffering, cruelty and neglect may be defined as, but is not limited to, failing to provide an animal with any of the aforementioned animal care standards.
   (c)   No person, business or organization shall use animals as a fundraiser as in the case of Donkey Basketball or Pony Rides, nor shall animals, birds, fish or reptiles be given as prizes for carnival games without an inspection by and approval of the Animal Control Officer.
   (d)   Whoever is found guilty of causing an animal unnecessary suffering, cruelty or neglect is guilty of a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02. In addition, the court may order the animal offender to forfeit the animal or livestock and may provide for its disposition, including but not limited to the sale of the animal. If an animal or livestock is forfeited and sold pursuant to this subsection, the proceeds of such sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds, if any, shall be paid to the former owner of the animal.
(Ord. 1999-19. Passed 3-9-99.)