(a) No person shall:
(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 the confinement with a sufficient quantity of good wholesome food, water, and sufficient exercise and fresh air;
(2) Impound or confine an animal without affording it, during such confinement, access to shelter from wind, rain, snow, or excessive direct sunlight, if it can reasonably be expected that the animal would otherwise become sick or in some other way suffer. For the purpose of this section, “shelter” means an artificial enclosure, windbreak or sunshade or a natural windbreak or sunshade that is developed from the earth’s contour, tree development, or vegetation; or
(3) Carry or convey an animal in a cruel or inhuman manner.
(b) Whoever violates this section is guilty of a misdemeanor of the second degree and shall be subject to the penalty provided in Section 698.02. In addition, the court may order the offender to forfeit the animal and may provide for its disposition including, but not limited to, the sale of the animal. If an animal 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. 04-19. Passed 5-3-04.)