(A) Cruel acts and conditions enumerate. It shall be unlawful for any person:
(1) To willfully and maliciously kill, maim, disfigure or torture any animal, or beat any animal with a stick, board, chain, club or other object, mutilate, burn, or scale any animal with any substance, or purposefully drive over any animal, or otherwise cruelly set an animal upon another animal; provided that reasonable force may be employed to drive off vicious or trespassing animals;
(2) To make accessible to any animal by any means, with the intent to cause harm or death, any substance which has in any manner been treated or prepared with harmful or poisonous substances; provided that it is not the intent of this division (A)(2) to prohibit the use of poisonous substances for the control of vermin of significance to the public health;
(3) To cause, instigate, stage or train any animal to fight or permit any fight between any animal and another animal or human;
(4) To fail, refuse or neglect to provide any animal in his or her charge or custody as owner or otherwise with proper food, drink, shade, care or shelter; provided that for purposes of this division (A)(4) any animal kept outside shall be provided with structurally sound weatherproof enclosure, large enough to accommodate the animal;
(5) To drive or work any animal cruelly;
(6) To abandon any animal within the town limits (for the purposes of this section, ABANDON means for the owner or keeper to leave an animal unattended without demonstrating the apparent intent to recover or resume custody, to leave an animal for more than 12 hours without providing adequate food, water and shelter for the duration of the absence, or to turn out or release an animal for the purpose of causing it to be impounded;
(7) To leave an animal confined in a closed vehicle without adequate ventilation or heat;
(8) To transport an animal in the trunk of a vehicle;
(9) To transport an animal in the open bed of a truck unless said animal is restrained in a cage or on a leash that will prevent the animal from jumping or falling from the vehicle;
(10) To crop animal ears or dock animal tails, except when performed by a licensed veterinarian; or
(11) To strike an animal while operating a motor vehicle and to fail to report such injury or death to the animal’s owner, if any; provided that in the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency.
(B) Exceptions. Nothing in division (A) above shall be deemed or interpreted to prohibit:
(1) Any action by a licensed veterinarian done in accordance with accepted standards or veterinary medicine;
(2) Any action taken by a police officer pursuant to the interests of public health and safety; or
(3) Any act done in self-defense of done to defend another person or animal, while or owner’s property.
(C) Violations. Violations of this shall be subject to the enforcement, adjudication and penalty provisions of § 90.999.
(Prior Code, § 3-104) (Ord. passed 11-7-2011) Penalty, see § 90.999