§ 90.03  DUTIES AND RESPONSIBILITIES OF ANIMAL OWNERS.
   (A)   Any owner of an animal, including livestock (as allowed under the Noblesville Code of Ordinances or the Noblesville Unified Development Ordinance), kept in the city shall see that such animal has access to adequate food, water, and space as defined in this chapter, and that the following conditions; if applicable; are met:
      (1)   Livestock are kept in a safe, clean, sanitary and healthy manner and are not confined so as to be forced to stand, sit or lie in its own excrement. The person responsible for the animal shall regularly, and as often as necessary, maintain all animal areas or areas of animal contact to prevent odor or health and sanitation problems;
      (2)   Dog and cat owners must ensure their pets have access to adequate shelter as defined in this chapter;
      (3)   Dog and cat owners must ensure their pets are current on all required vaccinations including rabies as well as distemper and parvovirus inoculations;
      (4)   Animals are protected against abuse, cruelty, neglect, torment, overload, overwork, or any other mistreatment;
      (5)   Animals receive adequate veterinary care as defined in this chapter, and if diseased or exhibiting symptoms of disease, receives proper medical care and is segregated from other animals so as to prevent transmittal of the disease; and
      (6)   Animals are maintained in compliance with all applicable federal, state and local laws and all regulations respecting animal care and control as are adopted by the city.
   (B)   In addition to the general requirements of the duties and responsibilities of animal owners in this section, every owner or keeper of an animal kept in the city (excluding livestock) shall see that:
      (1)   Animals kept outdoors have access to adequate shelter, food, water, and space, as defined in this chapter, in all weather conditions.
      (2)   In accordance to the Tufts Animal Care and Condition Scales, when the temperature is:
         (a)   At or below forty degrees (40°F), animals must have access to adequate shelter, food, water, and space, including adequate, dry bedding material or other means of protection from the weather that will allow the animal to retain body heat when the weather is colder than what an animal of that breed and condition can comfortably tolerate, or, they must have continued and uninterrupted access to a climate-controlled facility; or
         (b)   At or above eighty degrees (80°F), animals must have access to adequate shelter, food, water, and space, including adequate shade during daylight hours-provided by trees, a tarp or other means - that prevents overheating or discomfort to the animal, or, they must have continued and uninterrupted access to a climate-controlled facility.
      (3)   In extreme weather conditions and temperatures - including a heat advisory, wind chill warning, or tornado warning that has been issued by local, state, or national authority - animals must be monitored by a competent person and have access to adequate shelter, food, water, and space, including adequate bedding and/or shade as described in this section, or, continued and uninterrupted access to a climate-controlled facility.
      (4)   Cases will be investigated by law enforcement on an individual basis using the Tufts Animal Care and Condition Scales to determine the proper resources and care necessary to ensure each animal's safety and well-being based on its breed, age, body and health condition, and acclimation to the environment and weather conditions.
   (C)   Nothing in this section shall prohibit or restrict the use of livestock guard dogs, livestock working dogs, or dogs that are engaged in lawful hunting activities, if the dogs are accompanied and monitored by the owner or custodian of the dogs.
   (D)   Nothing in this section shall restrict an owner/keeper from allowing an animal to be outside for reasonable amounts of time during extreme temperatures to relieve itself and exercise if the animal is being monitored by a competent person.
(Ord. 09-02-21, passed 2-23-21)