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(A) No person shall commit cruelty to any animal. A person commits cruelty to animals by knowingly:
(1) Overloading, overdriving, overworking, cruelly beating, torturing, tormenting, mutilating, starving, or cruelly killing any animal, or causing or knowingly allowing the same to be done;
(2) Failing to provide any animal in a person's charge or custody, as owner or keeper or otherwise, with a sufficient quantity of good quality, wholesome food to maintain proper body weight and good general health, kept in a suitable container within viewable range and in an area to prevent tampering, contamination or spillage;
(3) Failing to provide any animal in a person's charge or custody, as owner or keeper or otherwise, with a sufficient quantity of good quality, wholesome water kept in an area to prevent contamination and spillage, and replaced with fresh water at least once per day;
(4) Failing to provide any animal in a person's charge or custody, as owner or keeper or otherwise, with shelter constructed in a manner to assure protection from the elements;
(5) Failing to provide veterinary care when needed to prevent suffering;
(6) Leaving one's animal at an animal control facility, animal shelter, veterinary clinic with the intent, or effect of abandoning said animal, or on the premises of another or any place where an animal may become a public charge or may suffer hunger, injury, or exposure;
(7) Failing to provide humane care and treatment, including keeping the animal in a clean, sanitary and healthy manner;
(8) Selling, offering for sale, bartering, or giving away as a pet or novelty any rabbit, baby chick, duckling, or other fowl or any other animal which has been dyed, colored, or otherwise treated to impart an artificial color thereto;
(9) Poisoning or causing to be poisoned any dog or other domestic animal except by a licensed veterinarian or humane shelter or pound;
(10) Confining an animal in such a manner so that it is forced to stand, lie or sit in its own excrement;
(11) Failing to provide living quarters, in addition to the shelter required by § 91.16, of sufficient size for the animal to exercise and move about;
(12) Tethering an animal on a leash or a weight or in such a manner that prevents the animal from moving freely without entanglement;
(13) Killing or injuring, or attempting to kill or injure, any domestic animal;
(14) Confining or allowing any animal to remain in a motor vehicle in such a manner that places it in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. If a community service officer or peace officer has probable cause to believe that an animal has been subjected to cruelty as defined in this division, and that the animal's life, safety or health is in danger, the community service officer or peace officer has authority to enter the motor vehicle containing such animal by any reasonable means under the circumstances after making a reasonable attempt to locate the person confining or allowing the animal to remain in the vehicle;
(15) Cropping an animal's ear, docking an animal's tail or performing other surgeries or surgical-type procedures, except as performed by a licensed veterinarian; or
(16) Instigating, causing, procuring or assisting in any indecent or immoral show or exhibition of any animal.
(B) Any person who causes, instigates, permits, facilitates, aids, abets, or encourages any violation of this section shall be guilty of the violation of cruelty to animals and shall also be responsible for any costs incurred by the city due to such violation, including but not limited to boarding, inoculation, rent, food, disposal, or care.
(C) If a community service officer or peace officer has probable cause to believe that an animal has been subjected to cruelty as defined in division (A) above, and that the animal's life, safety or health is in danger, the community service officer or peace officer may seize and impound the animal, may give the animal veterinary or other care at the owner or keeper's expense, and may euthanize the animal at the owner or keeper's expense when, in the judgment of a licensed veterinarian, euthanization is necessary to prevent additional suffering and alternative avenues of alleviating suffering have been exhausted or eliminated as futile. Once an animal subjected to cruelty but not subject to euthanization as stated above has been impounded, the redemption procedures set forth in §§ 91.30 through 91.32 shall apply.
(Ord. 3584, passed 8-11-08) Penalty, see § 91.18