§ 4-606 ANIMAL CRUELTY.

   Animal cruelty is prohibited. Examples of animal cruelty include, but are not limited to, the following:

   (A)   Allowing a collar, rope, or chain to become embedded in, or cause injury to, an animal’s neck;

   (B)   Allowing a choke, or pinch, collar to be used as a primary collar when the animal is left unsupervised;

   (C)   Allowing a dog, or cat, to be left outside in inclement weather, or extreme temperatures, without adequate shelter;

   (D)   Intentionally allowing animals to engage in a fight;

   (E)   Allowing animals to live in unsanitary conditions;

   (F)   Allowing animals to live in crowded conditions;

   (G)   Failure, or refusal, to obtain medical treatment for an animal when, in an Animal Control Officer’s opinion, such treatment is needed;

   (H)   Trapping a dog, or cat, without the use of a recognized humane live animal trap;

   (I)   Permitting any exhibit, function, or activity where animals are being cruelly treated, or animals run the risk of causing injury to the public or themselves. The Town Animal Control Officer shall have the authority to inspect, and to close down, public exhibits of animals which are part of fairs, carnivals, festivals, fund raising events, petting zoos, and any other activity, or function, carried out in the corporate limits of the town if it is determined that animals are being cruelly treated, abused, or run the risk of causing injury to the public, or themselves;

   (J)   Animals being confined to, or restrained on, the premises of a vacant, or abandoned, structure;

   (K)   Failure to provide adequate drainage to prevent surface water from standing in the area of the pen, or enclosure, where the animal is kept. It shall be within the discretion of the Town Animal Control Officer as to what constitutes adequate drainage; and

   (L)   Failure, or refusal, to report injured domestic animals.

§ 4-607 CRUEL RESTRAINT PROHIBITED.

   (A)   An owner shall not chain, or tether, an animal to a stationary object for a period of time, or under conditions that an Animal Control Officer deems harmful, or potentially harmful, to the animal.

   (B)    Examples of improper chaining, or tethering include, but are not limited to, the following:

      (1)   Using a length, or weight, of a chain, or tether, that is not appropriate for the size, weight, and age of the animal. Guidelines for the proper weight and length of chains, or tethers, can be obtained from the Town Animal Control Officer;

      (2)   Using a chain, or tether, made of rope, twine, cord, or similar material;

      (3)   Using a chain, or tether, that is less than ten feet in length, and/or does not have swivels on both ends. All chains, or tethers, must be attached to the animal by means of a properly-fitting harness or collar of not less than one inch in width;

      (4)   Allowing an animal to be chained, or tethered, such that the animal is not confined to the owner’s property, or such that the chain, or tether, can become entangled and prevent the animal from moving about freely, lying down comfortably, or having access to adequate food, water, and shelter; and

      (5)   Using a chain as a primary collar. All collars used for the purpose of chaining, or tethering, an animal must be made of nylon or leather.

§ 4-608 LEAVING ANIMALS UNATTENDED IN VEHICLES.

   An owner shall not leave an animal in a closed vehicle, or other enclosure, for such duration, or at such temperatures as an Animal Control Officer deems harmful, or potentially harmful, to the animal.

§ 4-609 AUTHORITY FOR ANIMAL CONTROL OFFICER TO ACT.

   (A)   If it is determined by the Animal Control Officer that the animal is not in immediate danger, or the problem which gives rise to the inadequate treatment, or abuse, can be corrected within 72 hours, the Officer may issue a written notice of violation, directing the owner, or possessor, of the animal to correct the problem within 72 hours. If the condition, or problem, is not corrected within 72 hours, the Animal Control Officer may take action as outlined below:

      (1)   Seek a magistrate’s order to take possession of the animal; and/or

      (2)   Seek the issuance of criminal process.

   (B)   If it is determined by the Animal Control Officer that the animal is in imminent danger of death or serious bodily injury, the Animal Control Officer shall immediately:

      (1)   Seek a magistrate’s order to take immediate possession of the animal; and/or

      (2)   Seek the issuance of criminal process.

   (C)   If the animal has been abandoned, as defined in this article, the Animal Control Officer is authorized to immediately take possession of the animal, and transport it to the County Animal Control Facility for care and shelter.

   (D)   When it has been determined by the Animal Control Officer that there has been a violation of one, or more, provisions of state law or this article, the Officer may initiate a criminal summons or warrant.

   (E)   Any time an animal is taken possession of by authority of this article, the owner shall be responsible, and liable, for any costs incurred for shelter, housing, and care of the animal.

§ 4-610 PENALTIES.

   Any person who willfully fails, or refuses, to abide by, or otherwise violates, this article shall be subject to the following sanctions or penalties:

   (A)   Violations of this article are deemed to be a misdemeanor, and upon a verdict or plea of guilty, the violator shall pay a fine of $50 and the costs of court; and

   (B)   Each additional violation of this article thereafter shall be deemed to be a separate misdemeanor, and upon a verdict or plea of guilty, the violator shall pay a fine of $100 per misdemeanor and the costs of court.

(Ord. 9-2009, passed 4-6-2009)