618.05 ANIMAL CARE STANDARDS; CRUELTY TO ANIMALS.
   (a)   Proper Food. All animals shall be provided with wholesome and appropriate food, which is free from contamination, of adequate nutritive value and in sufficient quantity to maintain good health. All food receptacles shall be kept clean and sanitary. Receptacles shall be used to store food and be kept securely covered. The owner or custodian shall ensure that each animal receives sufficient food.
   (b)   Proper Drink. All animals shall have available clean, drinkable water. Animals which are being worked or transported shall be provided water as often as necessary for their health and comfort. All water receptacles shall be kept clean and sanitary, be of appropriate design and size for the animal and be positioned or affixed to prevent spillage.
   (c)   Proper Space.
      (1)   Animals shall be able to stand to their full height, stretch out, turn around and lie down in areas which are sanitary and which allow for a free flow of fresh air.
      (2)   Animals shall be allowed to exercise and have freedom of movement as necessary to reduce stress and maintain good physical condition. Said space shall be kept free of standing water, mud, accumulated waste and debris.
      (3)   Dogs and cats shall not be caged, except for transport, temporary confinement or as prescribed by a veterinarian. Dogs and cats kept in cages for the aforementioned reasons shall be removed and exercised so as to maintain proper health. Cats shall be provided with litter pans and litter material which shall be changed as necessary to prevent odor and accumulation of urine and fecal matter.
      (4)   Small caged mammals and rodents, such as guinea pigs, rabbits and hamsters, shall be maintained in cages that are of a size sufficient to permit burrowing or nesting, and which allow necessary space for the animal to exercise.
      (5)   Dogs maintained in a pen shall be socially compatible, and no more than four compatible dogs shall be housed within any one single pen. The minimum pen size shall be in accordance with the following schedule:
 
Minimum Pen Size (ft.) and Area (sq. ft.)
Size of dogs (lbs.)
No. of dogs
Small
(Up to 25 lbs.)
Medium
(25-50 lbs.)
Large
(Over 50 lbs.)
1
3 x 7; 21 sq. ft.
6 x 10; 60 sq. ft.
8 x 10; 80 sq. ft.
2
4 x 8; 32 sq. ft.
8 x 10; 80 sq. ft.
8 x 12; 96 sq. ft.
3
5 x 9; 45 sq. ft.
8 x 12; 96 sq. ft.
10 x 14; 140 sq. ft.
4
8 x 10; 80 sq. ft.
10 x 12; 120 sq. ft.
12 x 16; 192 sq. ft.
 
      (6)   Dogs continuously maintained on a restrictive chain, rope or other kind of tether shall be deemed to be improperly confined. However, tethering may be acceptable in certain cases where adequate daily socialization and exercise off the tether have been afforded and verified. If a dog is confined on a tether, excepting periods of time that are brief and incidental, the tether shall be at least fifteen feet in length and positioned to prevent tangling and hanging. The tether must be of proper weight for the dog's size to allow for the provisions set forth in paragraph (c)(1) hereof. Logging chains are prohibited for any dog. The tethered dog shall wear a properly fitted harness or buckle-type collar and be released from the tether at least twice daily for adequate exercise. A choker-chain on the neck of a tethered dog is prohibited. No other animals shall be tethered unless under the supervision of a custodian capable of handling the animal. Collars, harnesses, halters and the like shall be properly fitted to prevent discomfort or injury.
   (d)   Proper Light. Animals shall have at least ten hours of light a day, except if in hibernation or pursuant to veterinarian advice. Animals shall not be subjected to excessive amounts of illumination which result in conditions detrimental to the health of the animals.
   (e)   Proper Shelter.
      (1)   Indoor facilities shall be adequately ventilated by natural or mechanical means to prevent extreme temperatures, provide fresh air and minimize drafts, odors and moisture condensation.
      (2)   Animals kept outdoors shall have access to shelter that provides protection from inclement weather conditions and which shall be appropriately constructed given the species of the animal, its age and its physical condition.
      (3)   Animals shall have access to shade from the sun during hot weather.
      (4)   Proper outdoor shelter for horses, cows and other hoofed animals shall have a roof and face away from prevailing winds. Said shelter may be without a floor and have three sides.
      (5)   Proper outdoor shelter for a dog shall have a roof, enclosed sides, a doorway and a solid, level floor raised at least two inches from the ground.
   (f)   Necessary Veterinary Care. Owners or caretakers of domestic animals which exhibit signs of disease or severe parasitic infestation, infection, orificial discharge, loss of appetite, weight loss, abnormal skin conditions or hair loss, tremors, temperature fluctuation, inability to bear weight on a limb, lameness or any other such sign of illness or injury, shall provide veterinary care.
   (g)   Unnecessary Suffering or Cruelty. No animal shall be subjected to unnecessary suffering or cruelty. Unnecessary suffering or cruelty may be defined, but is not limited to, failing to provide an animal with any of the aforementioned care standards.
   (h)   Penalty. Whoever is found guilty of causing an animal unnecessary suffering or cruelty is guilty of a misdemeanor of the first 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 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 subsection, the proceeds from the sale shall first 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. 97-36. Passed 7-1-97.)