(a) Prohibited Actions. No person shall:
(1) Torture an animal, deprive an animal of necessary sustenance, or unnecessarily or cruelly beat, needlessly mutilate or kill an animal;
(2) Impound or confine an animal without supplying it during such confinement with a sufficient quantity of wholesome food and water;
(3) Impound or confine an animal without affording it, during such confinement, access to shelter from wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the animal would otherwise become sick or in some other way suffer. For the purpose of this section, "shelter" means a man-made enclosure, windbreak or sunshade or a natural windbreak of sunshade that is developed from the earth's contour, tree development or vegetation;
(4) Carry or convey an animal in a cruel to inhuman manner; or
(5) Keep an animal in an enclosure without wholesome exercise and change of air.
(b) Abandoning Animals. No owner or keeper of a dog, cat or other domestic animal shall abandon such animal.
(c) Killing or Injuring Animals. No person shall maliciously or willfully and without the consent of the owner, kill or injure any animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity.
(d) Poisoning Animals. No person shall maliciously, or willfully and without the consent of the owner, administer poison to any animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity. 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 or her own lands or the lands of another.
(e) Coloring Rabbits and Poultry; Sale or Display of Poultry. No person shall dye or otherwise color any rabbit or poultry, including, but not limited to, chicks and ducklings. No person shall sell, offer for sale, expose for sale, raffle or give away any rabbit or poultry which has been dyed or otherwise colored. No poultry younger than four weeks of age may be sold, given away or otherwise distributed to any person in lots of less than six. Stores, shops, vendors and others offering young poultry for sale or other distribution shall provide and operate brooders or other heating devices that may be necessary to maintain poultry in good health, and shall keep adequate food and water available to the poultry at all times.
(f) Penalties.
(1) Whoever violates division (a) of this section is guilty of a misdemeanor of the second degree and shall be subject to the penalty provided in Section 698.02. In addition, the court may order the offender to forfeit the animal and may provide for its disposition, including, but not limited to, the sale of the animal. If an animal 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.
(2) Whoever violates division (b) of this section is guilty of a minor misdemeanor.
(3) Whoever violates division (c) of this section is guilty of a misdemeanor of the second degree if the value of the animal killed or the injury done amounts to less than three hundred dollars ($300.00). If the value of the animal killed or the injury done amounts to three hundred dollars ($300.00) or more, such person is guilty of a misdemeanor of the first degree.
(4) Whoever violates division (d) of this section is guilty of a misdemeanor of the fourth degree.
(5) Whoever violates division (e) of this section is guilty of a misdemeanor of the fourth degree for a first offense and a misdemeanor of the third degree for any subsequent offense. The penalties shall be as provided in Section 698.02.
(Ord. 2012-81. Passed 9-19-12.)