(a) It shall be unlawful for any person to molest, torture, torment, deprive of necessary sustenance, cruelly beat, needlessly mutilate or kill, wound, injure, poison or abandon subject to condition detrimental to its health or general welfare any animal, or to cause or produce such action.
(b) The words "torture", "torment" and "cruelly," as used in this section, shall be held to include every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted; but such terms shall not be construed to prohibit lawful taking of animals under the jurisdiction and regulation of the State Wildlife Resources Commission, or to prohibit animal control officers or duly authorized persons or veterinarians from taking or destroying dangerous, unwanted or injured animals in a humane manner, or to prohibit the lawful use of animals in scientific research, or legitimate pest control activities.
(c) It shall be unlawful for any person to keep animals under unsanitary or inhumane conditions and to fail to provide proper food and water daily, shelter from the weather, reasonably clean quarters and proper medical attention for sick, diseased and injured animals, as well as adequate inoculation against disease.
(d) For purposes of this section, "shelter" shall be defined as an enclosure of at least three (3) sides, a roof and a floor. The enclosure shall be ventilated and must have sufficient room for the animal(s) to move around freely and to lie down comfortably. Animals housed under the following conditions shall not constitute adequate shelter:
(1) Underneath outside steps, deck and stoops; or
(2) Inside of vehicles; or
(3) Underneath vehicles; or
(4) Inside metal barrels placed in direct sunlight during the summer; or
(5) Inside cardboard boxes.
(Ord. No. O-08-02-19-3, § 2, 2-19-08; Ord. No. O-09-02-17-4, § 2, 2-17-09)