(A) Cruelty prohibited.
(1) It shall be unlawful for any person to needlessly beat, inflict violence upon or kill, or to overdrive, overload, drive when overloaded, overwork, torture or mutilate, or to otherwise treat in a cruel, dangerous or inhumane manner, any animal, or to cause any of such acts to be done.
(2) It shall specifically be cruel, dangerous or inhumane for any person to:
(a) In a public place, transport or keep an animal in or on any motor vehicle or trailer, unless the animal is safely restrained.
1. As used in this section, RESTRAINED is defined as enclosed within a vehicle or trailer with no openings large enough to permit the animal to exit the vehicle or trailer on its own, or placed within a secured container, cage or other enclosure sufficient to prevent the animal from falling from, being thrown from or jumping from the vehicle.
2. As used in this section, PUBLIC PLACE is defined as any place open to and generally used by the public, whether publicly or privately owned, including, but not limited to, streets, highways, alleys, parking lots, schools and commercial establishments.
(b) Leave an animal in an unattended vehicle either without adequate ventilation or in any manner which subjects the animal to extreme temperatures that are dangerous or detrimental to the animal’s health or welfare; or
(c) Tether and leave, or permit to be left, unattended any animal on a leash, cord or chain of less than six feet in length for longer than one hour.
(B) Neglect of animals prohibited. It shall be unlawful for any person having care, custody or control of any animal to fail to provide such animal with food sufficient for the species, water and adequate shelter from the weather, or to cause any of such acts to be done.
(C) Immediate impoundment.
(1) The MACO is authorized to immediately impound any animal which:
(a) Appears to have been cruelly treated as described in division (A)(1) above;
(b) Appears to be deprived of sufficient food, water or shelter as specified in division (B) above; or
(c) Is left in an unattended vehicle and is deprived of adequate ventilation or is subject to extreme temperatures as specified in division (A)(2)(b) above.
(2) The MACO shall leave at the place where the animal was impounded a conspicuous notice indicating that the animal has been impounded by the MACO, the reasons why the animal was impounded, the time and date of impoundment, as well as the phone number to reach the MACO.
(D) Supply of food to enclosed animals by any person permitted. In case any animal shall be at any time enclosed and shall continue to be without necessary food or water more than 12 consecutive hours, it shall be lawful for any person, from time to time, and as often as it shall be necessary, to enter into or upon any enclosure in which any such animal shall be confined, and supply such animal with necessary food and water so long as the same shall remain so confined. Such person shall not be liable to any action for such entry and the reasonable cost of such food or water may be collected by such person from the owner of such animal.
(E) Abandonment.
(1) It shall be unlawful for any person to abandon any animal or to cause an animal to be abandoned. ABANDONMENT is defined as the leaving unattended of any animal, by a person previously having care, custody or control of the animal, for at least 72 consecutive hours.
(2) The MACO is authorized to impound any animal which appears to be abandoned. Impoundment may occur only after the MACO has posted a conspicuous notice at the place where the animal appears to be abandoned, indicating that the animal appears to be abandoned and that it may be impounded. Such notice must be posted approximately every 24 hours. When 72 hours have passed, at least two notices have been posted and the animal has remained abandoned, the MACO is then authorized to impound the animal.
(3) The MACO shall leave at the place where the animal was abandoned a conspicuous notice which conforms with the notice requirements of division (C)(2) above.
(F) Keeping place for fighting animals. It shall be unlawful for any person to keep or cause to be kept any place where any fowl or any animals are suffered to fight upon exhibition, or for sport upon any wager.
(G) Poisoning. It shall be unlawful for any person to poison any domestic animal in any manner whatsoever with the intent or for the purpose of poisoning such animal. This prohibition shall not apply to the destruction of those animals identified by the MACO as requiring eradication for the protection of the public. Such eradication may include poisoning only when deemed necessary by the MACO.
(Prior Code, § 5-5-8) (Ord. 155, passed 1-9-1996) Penalty, see § 92.999