618.02   CARE REQUIREMENTS; CRUELTY PROHIBITED.
   (a)   No owner/guardian, keeper, harborer, or person in charge of any animals shall do or fail to do anything to any such animal which is injurious, cruel, or inhumane, including but not limited to:
      (1)   Failing to provide sufficient and wholesome food; potable water; shade and weatherproof enclosure of such size as will permit movement and simultaneously facilitate the preservation of body heat by the animals;
      (2)   Failing to provide a clean, water-resistant, and insulated structure, designed and built specifically for the type and size of the animal, with a solid floor raised off the ground, sufficient quantity of suitable bedding material and an entrance covered with a flexible wind-proof material or a self-closing swinging door; unless otherwise inspected and approved by the animal control officer;
      (3)   Failing to provide such animal adequate opportunity for exercise; regular veterinary care and when needed, veterinary care for injury or illness, to treat injury or illness, unless the animal is instead humanely euthanized; or other care as is needed for the health or well-being of such kind of animal;
      (4)   Abandoning any animal in any place. For the purpose of this provision, "abandon" means for the owner/guardian, keeper, harborer, or person in charge to leave any animal without demonstrated or apparent intent to recover or to resume custody; leave any animal for more than 12 hours without providing for adequate food, potable water and shelter for the duration of the absence; or turn out or release any animal for the purpose of causing it to be impounded;
      (5)   Leaving any animal unattended in a motor vehicle when the interior of such vehicle does not have adequate ventilation and will not maintain a safe temperature such that would avoid harm, suffering, disability, or death to such animal. For the purpose of this division, if attempts to locate the vehicle owner fail, any law enforcement officer or animal control officer may take action necessary to rescue a confined animal to remove the threat of further serious harm. The owner/guardian, keeper, harborer, or person in charge will be liable for all reasonable and necessary impound, board, and medical fees. No officer or agent taking action shall be liable for damages necessary to rescue the confined animal;
      (6)   Failing to bring said animal into a heated residential dwelling and keeping said animal outdoors unless physically accompanied by said owner, keeper, harborer, or person in charge unless approved by the animal control officer, where the outdoor temperature reaches 32 degrees Fahrenheit or lower;
      (7)   Failing to provide said animal with a cool, shaded dwelling or area with adequate airflow and access to water, where the outdoor temperature exceeds 80 degrees Fahrenheit;
      (8)   Tethering an animal if a heat or cold advisory has been issued by a local or state authority or the National Weather Service;
      (9)   Tethering an animal for more than six hours total in a 24 hour period;
      (10)   Tethering an animal between the hours of 10:00 p.m. and 6:00 a.m.;
      (11)   Tethering an animal if an owner, keeper, harborer, or person in charge of said animal is not on the premises; or
      (12)   Tethering an animal on a chain/leash of less than eight feet in length, or of a weight or in such a manner that prevents such animal from moving freely without entanglement.
   (b)   Any animal impounded for being kept in violation of this section may be humanely euthanized upon advice of a licensed veterinarian and by the animal control officer if he or she deems it necessary to relieve suffering. The cost for care and treatment of any animal impounded under this section shall be charged to the owner/guardian, keeper, harborer, or person in charge, regardless of whether such person seeks to regain custody of such animal.
   (c)   The owner/guardian, keeper, harborer, or person in charge of any animal who has been charged under this section who fails to appear in court on the scheduled date to enter a plea or fails to appear on any additional court dates, after entering a plea, without permission from the judge or authorized court employee, will have 14 days from that date to settle the matter with the court. Failure to comply will result in the animal being held at the shelter and becoming the property of the City, allowing it to be adopted or, if necessary, humanely euthanized.
   (d)   Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11; Ord. 95-24. Passed 7-15-24.)