(a) No person shall:
(1) Torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during such confinement with a sufficient quantity of good wholesome food and water;
(2) Impound or confine an animal if it can reasonably be expected that the animal would otherwise become sick or in some other way suffer, or confine such animal in a motor vehicle in a manner which would endanger the animal. This subsection does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, "shelter" means a man-made enclosure;
(3) Carry, tether or convey an animal in a cruel or inhumane manner, including improperly using a pinch, prong, shock or choke-type collar so as to cause harm to the animal;
(4) Keep any animal in a place that is unsanitary, including any place where there is an accumulation of feces or other waste, or foul odor, or insect or rodent infestation, or fail to provide the animal shelter from the elements, including heat, cold, wind, rain, snow or excessive direct sunlight. If the animal is housed outside, a structure for shelter and protection must be provided that is suitable for the species, age, condition, size, and type of that animal. The structure must be completely enclosed and insulated, having a single entrance/exit secured with a flap or door or similar device. The structure shall be moisture-resistant, wind-resistant, and of suitable size and type to allow the animal to stand, turn about freely, lie in a normal position, and regulate proper body temperature. The structure shall be made of a durable material with a solid, moisture-proof floor and a floor raised at least two (2) inches from the ground. Suitable drainage shall be provided so that water cannot be reasonably expected to gather and stand within ten (10) feet of the structure, and so the animal has access to a dry area at all times. Proper bedding of straw or similar material, that remains dry, must be utilized inside the structure. All structures required by this section shall be subject to all building and zoning regulations; or
(5) Fail to conform an animal shelter, a cage, or a pen to the following requirements: (A) the shelter, cage or pen shall be appropriate to the animal's size, weight, and other characteristics, with sufficient space to allow the animal to turn about freely and lie in a normal position; (B) the shelter, case or pen shall provide sufficient shade to allow the animal to escape the direct rays of the sun at all times; and (C) the shelter, cage or pen shall be regularly cleaned and sanitized.
(b) No person shall tether an animal in a way that causes the animal to:
(1) Suffer from a condition that is known, by that person, to be exacerbated by tethering;
(2) Become entangled in a manner that is harmful to the animal or become entangled with other tethered animals;
(3) Be tethered with a lead that (A) is more than one eighth of the animal's body weight or (B) is a tow chain or a log chain;
(4) Be tethered with a lead fixed onto the ground or a stationary structure or object that measures, when rounded to the nearest whole foot, fewer than 10 feet in length;
(5) Be tethered with an improperly fitting harness or collar; or a pinch, prong, or choke-type collar;
(6) Be tethered with a lead fixed onto the ground or a stationary structure or object in a manner that will allow the animal to move upon the property of another person, a public walkway or a road, or be a menace to or injure another person or animal on a neighboring property, public walkway or road;
(7) Be tethered for more than six (6) hours total in a twenty-four (24) hour period and not more than two (2) consecutive hours with no less than a one (1) hour period between tetherings;
(8) Be tethered between the hours of 10:00 p.m. and 6:00 a.m.;
(9) Be tethered if a heat or cold advisory has been issued by a local or state authority or the National Weather Service;
(10) Be tethered if a severe weather warning has been issued by a local or state authority or the National Weather Service;
(11) Be tethered if the tether is made of a material that is unsuitable for the animal's size and weight or that causes any unnecessary discomfort to the animal; or
(12) Be tethered if no owner or occupant is present at the premises
As used in this section, "tether" means a rope, chain, cord, dog run or pulley, or similar restraint for holding an animal in place, allowing a radius in which it can move about.
(c) Whoever violates subsection (a) of this section is guilty of a misdemeanor of the first degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition, including, but not limited to, the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this subsection, the proceeds from the 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 from the sale, if any, shall be paid to the former owner of the animal.
(d) Whoever violates subsection (b) of this section is guilty of a misdemeanor of the fourth degree on the first offense, or a misdemeanor of the fourth degree on the second offense or any subsequent offense. Notwithstanding the forego-ing penalties, if an animal becomes sick or injured as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 1-18. Passed 4-2-2018.)