(A) No owner shall fail to provide his or her animal(s) with:
(1) Sufficient, nutritious food;
(2) Fresh, clean water at all times;
(3) A shelter which has four sides, a roof, floor and bedding. The shelter shall be of sufficient size to permit such animal to stand up and turn around inside when fully grown and allow retention of body heat. The shelter shall be placed to provide shade from the sun and protection from the weather; and
(4) Regular and sufficient veterinary care to prevent suffering and maintain health.
(B) (1) To lawfully tether a dog outdoors, an owner must ensure that the dog:
(a) Does not suffer from a condition that is known, by that person, to be exacerbated by tethering;
(b) Is tethered in a manner that will prevent it from becoming entangled with other tethered dogs;
(c) Is not tethered with a lead that exceeds one-eighth of the dogs body weight or is a tow chain, or a log chain;
(d) Is tethered with a lead that measures, when rounded to the nearest whole foot, at least ten feet in length;
(e) Is tethered with a properly fitting harness or collar other than the lead or a pinch, prong, or choke-type collar; and
(f) Is not tethered in a manner that will allow it to reach within the property of another person, a public walkway or a road.
(2) Subsection (1) of this division shall not be construed to prohibit:
(a) A person from walking a dog with a hand-held leash;
(b) Conduct that is directly related to the cultivating of agricultural products, including, shepherding or herding cattle or livestock, if the restraint is reasonably necessary for the safety of the dog;
(c) The tethering of a dog while at an organized and lawful animal function, such as hunting, obedience training, performance and conformance events, or law enforcement training, or while in the pursuit of working or competing in those endeavors;
(d) A dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state, or local authority or jurisdiction.
(3) A person convicted of violating subsection (a) of this section is guilty of a Class B misdemeanor. A second or subsequent violation of subsection (a) of this section is a Class 4 felony with every day that a violation continues constituting a separate offense. ln addition to any other penalty provided by law, upon conviction for violating subsection (a) of this section, the court may order the convicted person to undergo any treatment at the convicted persons expense that the court determines to be appropriate after due consideration of the evaluation. If the convicted person is a juvenile or a companion animal hoarder, the court must order the convicted person to undergo psychological or psychiatric evaluation and to undergo treatment that the court determines to be appropriate after due consideration of the evaluation.
(4) A person convicted of violation subsection (2) of this section is guilty of a Class B misdemeanor.
(5) As used in this section, tether means to restrain by tying to an object or structure, including, without limitation, a house, tree, fence, post, garage, shed, or clothes line at a persons residence or business, by any means, including, without limitation, a chain, rope, cord, leash, or running line.
(Ord. 0-2007.1, passed 3-13-2007; Ord. 2008.03, passed - -2008; Ord. O-2012.02, passed 3-13-2012; Ord. O-2014.01, passed 2-11-2014) Penalty, see § 90.99