(A) Duties. The following details owner's duties toward animals, and
ANIMAL
means every living creature, domestic or wild. It does not include man. It also includes, but not limited to, canines, felines, and equines. Each owner shall provide for each of his or her animals:
(1) Sufficient quantity of good quality, wholesome food and water;
(2) Adequate shelter and protection from the weather;
(3) Veterinary care when needed to prevent suffering;
(4) Humane care and treatment.
(B) Cruel treatment.
(1) No person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse any animal.
(2) No owner may abandon any animal where it may become a public charge or may suffer injury, hunger, or exposure.
(C) Aggravated cruelty. No person may intentionally commit an act that causes a companion animal to suffer serious injury or death. Aggravated cruelty does not include euthanasia of a companion animal through recognized methods approved by the Department of Agriculture.
(D) Animal torture.
(1) A person commits animal torture when that person without legal justification knowingly or intentionally tortures an animal. For purposes of this section, and subject to division (2), TORTURE means infliction of or subjection to extreme physical pain, motivated by an intent to increase or prolong the pain, suffering, or agony of the animal.
(2) A person convicted of violating these sections is guilty of violation of City Ordinance of Paris. Upon conviction for violating this section, the court may order the convicted person to undergo a psychological or psychiatric evaluation, and undergo any treatment at the convicted person's expense that the court determines to be appropriate after due consideration of the evaluation. If the convicted person is a juvenile, the court must order the convicted person to undergo a psychological or psychiatric evaluation and undergo treatment that the court determines to be appropriate after due consideration of the evaluation. The court may assess a fine of $50 to $500.
(E) Arrests and seizures.
(1) Any law enforcement officer making an arrest for an offense involving 1 or more companion animals under divisions (B) through (D) of this section may lawfully take possession of some or all of the companion animals in the possession of the person arrested. The officer, after taking possession of the companion animals, must file with the court before whom the complaint is made against any person so arrested an affidavit stating the name of the person charged in the complaint, a description of the condition of the companion animal or companion animals taken, and the time and place the companion animal or companion animals were taken, together with the name of the person from whom the companion animal or companion animals were taken and name of the person who claims to own the companion animal or companion animals if different from the person from whom the companion animal orcompanion animals were seized. He or she must at the same time deliver an inventory of the companion animal or companion animals taken to the court of competent jurisdiction. The officer must place the companion animal or companion animals in the custody of an animal control or animal shelter and the agency must retain custody of the companion animal or companion animals subject to an order of the court adjudicating the charges on the merits and before which the person complained against is required to appear for trial. The City Attorney may, within 14 days after the seizure, file a "petition for forfeiture prior to trial" before the court having criminal jurisdiction over the alleged charges, asking for permanent forfeiture of the companion animals seized. The petition shall be filed with the court, with copies served on the impounding agency, the owner, and anyone claiming an interest in the animals. In a "petition for forfeiture prior to trial", the burden is on the prosecution to prove by a preponderance of the evidence that the person arrested violated divisions (B) through (D).
(2) An owner whose companion animal or companion animals are removed by a law enforcement officer under this section must be given written notice of the circumstances of the removal and of any legal remedies available to him or her. The notice must be posted at the place of seizure, or delivered to a person residing at the place of seizure or, if the address of the owner is different from the address of the person from whom the companion animal or companion animals were seized, delivered by registered mail to his or her last known address.
(F) Security for companion animals and animals used for fighting purposes. Security for companion animals, any animal that is commonly considered to be a pet.
(1) In the case of companion animals, the animal control or animal shelter having custody of the animal or animals may file a petition with the court requesting that the person from whom the animal or animals are seized, or the owner of the animal or animals, be ordered to post security. The security must be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the animal control or animal shelter in caring for and providing for the animal or animals pending the disposition of the charges. Reasonable expenses include, but are not limited to, estimated medical care and boarding of the animal or animals for 30 days. The amount of the security shall be determined by the court after taking into consideration all of the facts and circumstances of the case, including, but not limited to, the recommendation of the impounding organization having custody and care of the seized animal or animals and the cost of caring for the animal or animals. If security has been posted in accordance with this section, the animal control or animal shelter may draw from the security the actual costs incurred by the agency in caring for the seized animal or animals.
(2) If the court orders the posting of security, the security must be posted with the clerk of the court within 5 business days after the hearing. If the person ordered to post security does not do so, the animal or animals are forfeited by operation of law and the animal control or animal shelter having control of the animal or animals must dispose of the animal or animals through adoption or must humanely euthanize the animal. In no event may the defendant or any person residing it the defendant's household adopt the animal or animals.
(3) Nothing in this section shall be construed to prevent the voluntary, permanent relinquishment of any animal by its owner to any animal control or animal shelter in lieu of posting security or proceeding to a forfeiture hearing. Voluntary relinquishment shall have no effect on the criminal charges that may be pursued by the appropriate authorities.
(4) If an owner of a companion animal is acquitted by the court of charges made pursuant to this section, the court shall further order that any security that has been posted for the animal shall be returned to the owner by the impounding organization.
(Ord. 2004-72, passed 12-13-2004)