(A) It shall be unlawful for any person to commit any act of cruelty to any animal, or to knowingly cause or allow to be caused any act of cruelty to any animal, including, without limitations:
(1) To willfully or maliciously shoot, poison, kill, injure, abuse, overwork, torment or ill treat any animal;
(2) 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;
(3) To abandon any animal within the village limits;
(4) To confine an animal in a motor vehicle in such a manner that places it in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold;
(5) To transport any living animal in the trunk of a vehicle;
(6) To transport any living animal in the open bed of a truck unless the animal is restrained in a kennel or on a leash that will prevent the animal from jumping or falling off the vehicle;
(7) To cause, instigate, stage or train any animal to fight or permit any fight between any animal and another animal or human;
(8) To crop animal ears or dock animal tails, unless performed by a licensed veterinarian;
(9) To give away any live domestic animal as a prize for, or as an inducement to enter a place of amusement, or as an inducement to purchase any product or enter into any business relationship or agreement; or
(10) To tether an animal, except in compliance with § 92.19.
(B) Any person who kills or injures a domestic animal while driving a vehicle shall stop at the scene of the accident, and render such assistance as practicable, and immediately report the incident to the Police Department.
(C) Any animal control officer, police officer or licensed veterinarian may take into custody any animal, upon either private or public property, that such officer reasonably determines has been the victim of cruelty, provided that entry upon private property shall only be accomplished with the assistance of a police officer and pursuant to a warrant. The officer or veterinarian may inspect, care for or treat such animal or place the animal in the care of a licensed humane society or licensed veterinarian for treatment, boarding or other care or if a licensed veterinarian determines that the animal appears to be diseased or disabled beyond recovery for any useful purpose, for humane destruction.
(D) The owner of an animal destroyed pursuant to this section will not be entitled to recover damages for the destruction of the animal unless the owner proves that the destruction was unreasonable and unwarranted.
(E) Expenses incurred for the care, treatment or boarding of any animal taken into custody pursuant to this section pending prosecution of the owner of the animal shall be assessed to the owner as a cost of the case if the owner is adjudicated liable.
(F) If a person is adjudicated liable for a violation of this section and the Hearing Officer or the court having jurisdiction determines that such animal would be subject to any cruelty in the future, such animal will not be returned to or remain in the custody of such person, and the Hearing Officer or the court having jurisdiction shall order the animal turned over to an animal shelter or licensed veterinarian for adoption.
(Ord. 4154, passed 4-30-2012) Penalty, see § 92.99