§ 91.35  ABUSE OF ANIMALS.
   It shall be unlawful if a person negligently or willfully:
   (A)   Fails to provide adequate food and water for any animal he/she owns, possess, or harbors.
   (B)   Beats, tortures, injures, torments, poisons, or mutilates any animal causing physical pain, suffering or death.
   (C)   Fails to provide adequate medical attention for any sick, diseased or injured animal he/she owns, possess, or harbors.
   (D)   Keeps any animal under unsanitary or inhumane conditions which are detrimental to the animal’s health and general welfare.
   (E)   Fails to provide adequate shelter for an animal he/she owns, possess, harbors or encloses in such a manner that the animal can be protected from extremes of weather (heat, cold, rain, and the like) and allowed to remain dry and comfortable during inclement weather. Adequate shelter shall not include metal or plastic barrels, cardboard boxes, carriers, crates, underneath steps, decks, stoops, houses, motor vehicles or in areas of standing water.
   (F)   Places or confines an animal or allows an animal to be placed or confined in a motor vehicle under such conditions or for such a period of time as to endanger the health or well-being of such animal due to temperature, lack of food or water, or such other conditions as may reasonably be expected to cause suffering, disability or death:
      (1)   After making a reasonable effort to find the driver of the vehicle in which an animal is confined, an animal control officer, in the presence of a police officer, or a police officer may use the least intrusive means to break and enter the vehicle if exigent circumstances exist to remove the animal where probable cause exists to believe that the animal is in the vehicle in violation of this subsection.
      (2)   The officer removing the animal shall then impound it and leave in a prominent place on the motor vehicle a written notice of the animal’s impoundment, a brief description of the animal, and where and when the animal may be reclaimed.
      (3)   So long as an animal is within sight of an animal control officer or a police officer, a warrant is not required before removing the animal as long as such removal is otherwise consistent with the United States Constitution.
   (G)   Fails to provide sufficient shade when sunlight is likely to cause overheating and discomfort or allow animals kept outdoors to protect themselves from the direct rays of the sun.
(Ord. O-2012-19, passed 7-17-12)  penalty, see § 10.99