(A) Domestic animals.
(1) All domestic animals kept inside, in a pen, leashed, enclosed by a fence or electric fence, shall be kept in a sanitary manner. No animal shall be kept in feces, mud, water, or with any debris. The owner or person(s) responsible for the animals shall regularly maintain all areas within the confinement. It is unlawful for an owner or person in control of an animal not to provide an adequate enclosure, which complies with all of the requirements of this section.
(a) Housing facilities. Indoor and outdoor housing facilities for animals shall be maintained so as to contain the animal on the property at all times and to protect the animal from injury.
(b) Storage of food. Supplies of food shall be stored in sealed containers or other containers which protect the food against insect and vermin infestation and contamination. Refrigeration shall be provided where necessary to prevent the spoiling of food.
(c) Ventilation. Indoor housing facilities for animals shall be ventilated with fresh air by means of windows, doors, vents, fans, or air conditioning to provide for the animals’ health, comfort, and well-being, and to minimize odors, drafts, ammonia levels, and moisture condensation. Ambient temperature in an indoor housing facility shall be maintained between 50°F and 85°F.
(d) Primary enclosures. All primary enclosures for animals shall conform to the following minimum requirements, except where identified otherwise in writing by a licensed veterinarian for medical reasons.
1. Primary enclosures shall be structurally sound and constructed so as to permit the animal within them to remain dry.
2. a. The floors of the primary enclosure that are not a solid surface shall be of an open-weave construction, where the openings are smaller than the size of the flattened foot of the animal contained inside.
b. The solid surface of the mesh which the floor is made shall be not less than one-fourth-inch wide in diameter.
3. Primary enclosures shall be maintained in good repair and shall not have sharp points or edges that could injure an animal.
4. The following restrictions apply to primary enclosures that house multiple canines and felines.
a. Intact females in estrus shall not be housed in the same primary enclosure with adult canines of felines other than their dams or surrogate dams.
b. Puppies or kittens shall not be housed in the same primary enclosure with adult canines or felines other than their dams or surrogate dams.
c. Canines shall not be housed in the same primary enclosure with felines, nor shall canines or felines be housed in the same primary enclosure with any other species of animal.
5. Housing facilities shall be cleaned and disinfected as needed. Primary enclosures, including top, sides, floor, grate, and door shall be cleaned with soap and disinfectant as needed.
6. Animals under quarantine or treatment for communicable disease shall be housed according to generally accepted veterinary medical requirements.
7. Records and medical release forms. For all animals currently on the premises, records identifying the animal, including all license tag information with the owner’s name, address, and emergency telephone number shall be maintained.
(e) Dogs. For canines, enclosures shall have an outside perimeter barrier that is a minimum height of 48 inches when measured from the ground, or an electric fence. Any portion of a building that is intended to form part of an enclosure must have a continuous wall (inclusive of windows and doors) that meets the applicable height requirement.
(f) Additional structures. All non-building portions of an enclosure, including gates, shall be constructed of chain link, welded wire, wrought iron, brick, mortared stone, concrete block, wood stockade, or other similar fencing-type material approved by Marion Animal Care and Control.
(g) Minimal separation. Where a building forms a part of an enclosure, there shall be a minimal separation between the building and the remaining parts of the enclosure to prevent escape of the animal or animals intended to be contained.
(h) Zoning requirements. An enclosure shall be designed, erected, and maintained in accordance with all applicable zoning and building regulations of this code.
(i) Repairs. Broken or damaged portions of an enclosure shall be repaired with like material and provide a seamless barrier that reasonably inhibits or prevents escape.
(j) Aggressive dogs. For aggressive canines, an enclosure shall have an outside perimeter barrier that is a minimum height of 72 inches when measured from the ground.
1. Kennel enclosure for aggressive canines must be six sided, which means there must be four sides, a top, and a bottom to the enclosure area.
2. A property housing an aggressive canine must post on all four sides of the property a “Beware of Dog” sign, that is clearly visible from the outside of the property lines.
3. Onsite inspections shall be performed by a Marion Animal Care and Control officer(s) prior to releasing an aggressive animal to its owner.
(2) An owner commits an offense if he/she fails to comply with this section. If said owner fails to comply with this section with respect to more than one canine, the person’s conduct with respect to each canine constitutes a separate offense.
(B) Livestock.
(1) All livestock animals shall be kept in a sanitary manner. The owner or person(s) responsible for the animals shall regularly maintain all areas of the animal’s confinement.
(a) Housing facilities. Indoor and outdoor housing facilities for animals shall be maintained at all times to protect the animal.
(b) Storage of food. Supplies of food shall be stored in a way which is protected from insects, vermin infestation, and contamination.
(c) Ventilation. Indoor housing facilities for livestock shall be ventilated with fresh air by means of windows, doors, vents, fans, or air conditioning to provide for the animals health, comfort, and well-being.
(d) Primary enclosures. All primary enclosures for animals shall conform to following minimum requirements, except where identified otherwise in writing by a licensed veterinarian for medical reasons.
1. Primary enclosures shall be structurally sound and constructed so as to permit the animal(s) within to remain dry.
2. Primary enclosures shall be maintained in good repair at all times.
3. Animals under quarantine or treatment for communicable disease shall be housed according to generally accepted veterinary medical requirements.
(Ord. 25-2021, passed 12-28-2021) Penalty, see § 94.99