(a) No owner/guardian, keeper or person in charge of any animals shall do or fail to do anything, which is cruel or inhumane, including but not limited to:
(1) Torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during such confinement with a sufficient quantity of good wholesome food and water;
(2) Fail to provide sufficient and wholesome food; potable water; shade and weatherproof enclosure of such size as will permit movement and simultaneously facilitate the preservation of body heat by the animals. It shall have sufficient quantity of suitable bedding material consisting of straw, cedar shavings, or the equivalent. The floor will be solid and raised off the ground. The entrance shall be covered with a flexible wind-proof material or a self-closing swinging door. A garage, shed or other structure, not designed and built specifically for an animal, should not be considered suitable housing, unless otherwise specifically found by the animal control officer. Furthermore, no person who owns any animals shall fail to provide such animal adequate opportunity for exercise; regular veterinary care and when needed, veterinary care for injury or illness, to treat injury or illness, unless the animal is instead humanely euthanized; or other care as is needed for the health or well-being of such kind of animal; or
(3) Carry or convey an animal in a cruel or inhuman manner;
(4) Leave any animal unattended in a vehicle when such vehicle does not have adequate ventilation and temperature to prevent suffering, disability or death to such animal. For the purpose of this division, if attempts to locate the vehicle owner fail, any law enforcement officer or animal control officer may take action necessary to rescue a confined animal to remove the threat of further serious harm. The owner/guardian, keeper, or person in charge will be liable for all reasonable and necessary impound, board and medical fees. No officer or agent taking action shall be liable for damages necessary to rescue the confined animal.
(c) Any animal impounded for being kept in violation of this section may be humanely euthanized upon advice of a licensed veterinarian, registered veterinarian technician and/or by the Supervisor if he or she deems it necessary to relieve suffering. The cost for care and treatment of any animal impounded under this section shall be charged to the owner/guardian, keeper, or person in charge, whether or not they seek to regain custody of such animal.
(d) The owner/guardian, keeper, or person in charge of any animal who has been charged under this section who fails to appear in court on the scheduled date to enter a plea or fails to appear on any additional court dates, after entering a plea, without permission from the judge or authorized court employee, will have 14 days from that date to settle the matter with the court. Failure to comply will result in the animal being held at the shelter to become the property of the City, allowing it to be adopted or, if necessary, humanely euthanized.
(e) Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition including, but not limited to, the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this division, 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. (Ord. 2018-78. Passed 10-23-18.)