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(a) No owner or keeper of a dog, cat or other domestic animal shall abandon such animal.
(b) Whoever violates this section is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
(Ord. 44-04. Passed 6-21-04.)
(a) No person shall maliciously, or willfully, and without the consent of the owner, kill or injure a farm animal, dog, cat or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 44-04. Passed 6-21-04.)
(a) No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a farm animal, dog, cat, poultry or other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any of such animals, either upon his own lands or the lands of another.
(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 44-04. Passed 6-21-04.)
(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.)
(a) No person shall keep or maintain any animal or fowl in any yard, structure or area that is not clean, dry and sanitary; free from debris and offensive odors that annoy any neighbor; and devoid of rodents and vermin.
(b) All animal pens and yards shall be so located that adequate drainage is obtained, normal drying occurs, and standing water is not present.
(c) All premises other than private residences on which animals are kept shall be subject to inspection by the Health Officer and/or the Animal Control Officer. If the Health Officer or the Animal Control Officer determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he shall notify the owner of the animal in writing to correct the sanitation deficiencies within twenty-four hours after notice is served. Any animal kept under any condition which could endanger the public or animal health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected.
(d) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 24-17. Passed 6-5-2017.)
(a) No person shall keep or harbor any animal or fowl in the Municipality so as to create noxious, or offensive odors or unsanitary conditions which are a menace to the health, comfort or safety of the public.
(b) No owner or keeper or person having custody or control of any dog shall allow or permit such dog to commit a nuisance on any public property or upon any private property other than that of the owner or keeper or person who has accepted custody or control of such dog, provided that the foregoing shall not apply to street gutters. It shall be the duty of all persons having control of a dog to curb such dog in order to carry out the intent of this section. The word "nuisance" as used herein shall be deemed to mean urination and defecation.
(c) No dog house, kennel or pen for the keeping of one or more dogs shall be maintained or suffered to exist or permitted nearer than thirty feet to any building used in whole or in part as a place of human habitation by persons other than the owner of such dog or dogs.
(d) No person shall feed, or cause to be fed, any animal outdoors except for a licensed dog while on the owner’s premises or unless as provided for in Section 1779.01(f), or unless while operating under the guidelines of a program approved by the Director of Public Safety providing for the trapping, spaying, or neutering, and releasing of cats and dogs with the purpose of reducing the unwanted stray-animal population in the City.
(e) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 44-04. Passed 6-21-2004; Ord. 27-11. Passed 7-18-2011.)
(a) No person shall keep or harbor any animal in the City so as to permit the commission or evidence of a nuisance as hereinafter defined.
(b) Any animal which scratches or digs in or urinates or defecates upon any lawn, tree, shrub, plant, building or any other property, private or public, other than the property of the owner or person in charge or control of such animal is hereby declared to be a nuisance.
(c) In addition to the penalty provided in Sections 505.11 and this section, the court may upon proper evidence, limit the number of animals in any single-family dwelling, or any separate suite in a two-family dwelling, multi-family dwelling or apartment within the City should the court deem that an excessive number of animals harbored within such an area constitutes a nuisance. The terms "dwelling" and "suite", as used in this section, include the lot or parcel of land on which the house or building containing the suite is located and also all out-buildings located on such lot or parcel.
No owner or keeper of such dogs or other animals shall fail to abate such nuisance by the permanent removal of such animals beyond City limits within ten days after service of such notice.
(d) On complaint of any person, police officer or the Animal Control Officer that an animal, harbored or kept in the City, damages property in the manner as specified above, notice therefor shall be given to the person harboring or keeping such animal. Failure to abate the nuisance complained of shall subject the person to penalty for violation of this section.
(e) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 44-04. Passed 6-21-2004.)
(a) No person shall keep or harbor any animal, livestock or poultry within the municipality which, by frequent and habitual howling, yelping, barking or other activity, creates unreasonably loud and disturbing noises of such a character, intensity and duration as to disturb the peace and quiet of the community or as to annoy, disturb or endanger the comfort, repose or health of persons occupying property in the neighborhood. Any person who shall allow any animal habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such animal.
(b) Whoever violates any provision of this section is guilty as follows:
(1) Except as otherwise provided in subsection (b)(2) of this section, a minor misdemeanor.
(2) If, within one year of the offense, the offender has been convicted of or pled guilty to two or more violations of this section, a misdemeanor of the fourth degree.
(Ord. 44-04. Passed 6-21-2004; Ord. 11-2023. Passed 6-5-23.)
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