(A) Actions by animals constituting a public nuisance. Any animal within the city or its statutory boundaries, is deemed to be a public nuisance that:
(1) Interferes with a person passing by or passing vehicles.
(2) Attacks other animals or persons.
(3) Damages private or public property.
(4) Barks, whines, howls, cries, whimpers, or makes other sounds common to its species, continuously for 15 minutes or for an aggregate 20 minutes in a one-hour period.
(5) Defecates upon public or private property, and the owner fails or refuses to clean up the pet's mess.
(B) Actions by humans constituting a public nuisance: proper conduct, care, and treatment of animals.
(1) Should any part of this section be violated, the person in violation is deemed to be creating, maintaining, or failing to cure a public nuisance. Every person responsible for any animal located within the city or its statutory boundaries shall ensure the general well-being of an animal in their charge. Cruelty, neglect, abandon, torture, or other abuse of an animal is strictly prohibited.
(2) It is hereby ordained that such animal:
(a) Is kept in a clean, sanitary, and healthy manner, and is not confined so as to be forced to stand, sit or lie in excrement.
(b) Has sufficient wholesome food and water which is proper and nutritional for that species of animal.
(c) Has a proper and adequate structure provided that is kept in a sanitary manner and that will protect the animal from all elements of the weather and will allow the animal to stand, sit and lie down without restriction.
(d) Receives proper veterinary care as necessary to treat illness, disease and/or injury, to prevent the transmission of disease to other animals or human beings and to promote good animal health.
(e) Is not beaten, cruelly treated, overloaded, overworked or otherwise abused.
(f) Is not abandoned, neglected or tortured.
(g) Does not become a public nuisance under the Linton City Code, Indiana Code, or otherwise.
(h) Does not bite, kick, butt, claw, assault, attack, or otherwise create a danger to the health and/or safety of other animals or human beings.
(i) Is properly vaccinated and/or licensed as required by law.
(j) Is prevented from running at large on property other than private property owned or lawfully occupied by its owner by means of a leash, animal-appropriate chain, or other appropriate physical restraint.
(k) Is not left unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal.
(l) Is not transported in the open bed of a vehicle unless confined in an appropriate manner so as to reasonably prevent the animal from jumping or being thrown from same.
(m) Does not defecate on the property of another unless the person responsible for the animal immediately thereafter removes or has removed from such property as much of the feces as is reasonably possible.
(Ord. 2006-13, passed 11-13-2006) Penalty, see § 90.99