(A) All animals kept inside or in a pen, leashed, or enclosed by a fence or electric fence shall be kept in a sanitary manner. No animal shall be kept in feces, mud, water, or with any debris. The person responsible for the animals shall regularly maintain all areas of the animal confinement. It is unlawful for an owner or person in control of an animal to fail to keep the animal in an adequate enclosure, which is one that complies with all of the requirements of this section.
(1) Housing facilities. Indoor and outdoor housing facilities for animals shall be maintained so as to contain the animal on the property at all times and to protect the animal from injury.
(2) Storage of food. Supplies of food shall be stored in sealed containers or other containers which protect the food against insect and vermin infestation and contamination. Refrigeration shall be provided where necessary to prevent the spoiling of food.
(3) Ventilation. Indoor housing facilities for animals shall be ventilated with fresh air by means of windows, doors, vents, fans, or air-conditioning to provide for the animals' health, comfort, and well-being and to minimize odors, drafts, ammonia levels, and moisture condensation. Ambient temperature in an indoor housing facility shall be maintained between 50 degrees and 85 degrees Fahrenheit.
(4) Primary enclosures. All primary enclosures for animals shall conform to the following minimum requirements, except where identified otherwise in writing by a licensed veterinarian for medical reasons.
(a) Primary enclosures shall be structurally sound and constructed so as to permit the animal within them to remain dry.
(b) The floors of the primary enclosure that are not a solid surface shall be of an open-weave construction, where the openings are smaller than the size of the flattened foot of the animal contained inside. The solid surface of the mesh which the floor is made shall be not less than one-fourth inch wide in diameter.
(c) Primary enclosures shall be maintained in good repair and shall not have sharp points or edges that could injure an animal.
(d) Separation. The following restrictions apply to primary enclosures that house multiple canines and felines:
1. Intact females in estrus shall not be housed in the same primary enclosure with adult canines of felines other than their dams or surrogate dams.
2. Puppies or kittens shall not be housed in the same primary enclosure with adult canines or felines other that their dams or surrogate dams.
3. Canines shall not be housed in the same primary enclosure with felines, nor shall canines or felines be housed in the same primary enclosure with any other species of animal.
(e) Sanitation. Housing facilities shall be cleaned daily. Primary enclosures, including top, sides, floor, grate, and door shall be cleaned with soap and disinfectant daily.
(f) Quarantine. Animals under quarantine or treatment for communicable disease shall be housed according to generally accepted veterinary medical requirements.
(g) Records and medical release forms. For all animals currently on the premises, records identifying the animal, including any license tag information, and containing the owner's name, address, and emergency telephone number shall be maintained. Any person found guilty of this provision shall pay a fine not less than $50 for the first offense, $100 for the second offense, and $225 for the third offense.
(5) For canines, enclosure shall have an outside-perimeter barrier that is a minimum height of 48 inches when measured from the ground, or an electric fence. Any portion of a building that is intended to form part of an enclosure must have a continuous wall (inclusive of windows and doors) that meets the applicable height requirement.
(6) All non-building portions of an enclosure, including gates shall be constructed of chain link, welded wire, wrought iron, brick, mortared stone, concrete block, wood stockade, or other similar fencing-type material approved by Marion Animal Care and Control.
(7) Where a building forms a part of an enclosure, there shall be a minimal separation between the building and the remaining parts of the enclosure to prevent escape of the animal or animals intended to be contained.
(8) An enclosure shall be designed, erected, and maintained in accordance with all applicable zoning and building regulations of this Code.
(9) Broken or damaged portions of an enclosure shall be repaired with like material and provide a seamless barrier that reasonably inhibits or prevents escape.
(10) For aggressive canines, an enclosure shall have an outside perimeter barrier that is a minimum height of 72 inches when measured from the ground.
(a) Kennel enclosure for aggressive canine must be six sided, which means there must be four sides, top and bottom to the enclosure area.
(b) Property housing an aggressive canine must post on all four sides of the property a "Beware of Dog" sign, that is clearly visibly from the outside of the property lines.
(c) Pictures of the property and animal enclosure must be submitted to Marion Animal Care and Control before the reclaim of an aggressive animal from Marion Animal Care and Control.
(B) An owner commits an offense if the owner fails to comply with this section.
(C) If an owner fails to comply with this section with respect to more than one canine, the person's conduct with respect to each canine constitutes a separate offense.
(D) An offense under this section is punishable by a fine not to exceed $2,000.
(Ord. 7-2014, passed 4-1-2014)