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(a) A person commits the crime of animal neglect in the second degree if, except as otherwise authorized by law, the person intentionally, purposely, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in the person's possession.
(b) Animal neglect in the second degree is a misdemeanor of the second degree.
(c) Each act or omission in violation of division (a) of this section shall constitute a separate offense.
(d) A person commits the crime of animal neglect in the first degree if, except as otherwise authorized by law, the person intentionally, purposely, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in the person's possession; and the failure to provide care results in serious physical injury to the animal; or fails to provide minimum care for an animal in the person's possession; and the failure to provide care results in the death of the animal.
(e) Animal neglect in the first degree is a misdemeanor of the first degree.
(f) Each act or omission in violation of division (d) of this section shall constitute a separate offense.
(g) In addition to providing minimum care for an animal, a person in possession of an animal shall provide:
(1) Proper food. All domestic 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. Outdoor receptacles used to store food shall be kept securely covered. The owner or custodian shall ensure that each animal receives sufficient food.
(2) Proper drink. All animals shall have available clean, drinkable water (except fish). Animals which are being 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.
(3) Proper space.
A. 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 (except fish).
B. 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 (except fish).
C. 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 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.
D. 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, hiding or nesting, and which allow necessary space for the animal to exercise.
E. 1. 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 20 feet in length and positioned to prevent tangling and hanging.
2. The tether must be of proper weight for the dog's size to allow for the provisions set forth in division (g)(3)E. of this section. 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 animal 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.
(4) Proper light. Domestic animals shall have adequate light each 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.
(5) Proper shelter.
A. 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 (excluding fish).
B. Domestic 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 domestic animal, its age and its physical condition.
C. Domestic animals shall have access to shade from the sun during hot weather (excludes fish).
D. Proper outdoor shelter for a dog shall be made of durable material with a solid, moisture-proof floor. The floor shall be solid, level and raised at least two inches from the ground with adequate bedding to protect against cold and dampness. A bedding of straw or similar matter, that remains dry, must be utilized. The structure shall have a roof, enclosed sides, and a doorway. The shelter shall also be a structurally sound, weatherproof enclosure that is moisture-resistant and wind-resistant, of suitable size to accommodate movement and simultaneously facilitate the preservation of body heat of the animal. The entrance shall be covered with a flexible windproof plastic, a self-closing door, or have a baffle. A garage, shed or other structure, not designated and built specifically for an animal, shall not be considered suitable housing. Food of sufficient quantity and quality to allow the normal maintenance of the animal's body must be provided. Water must be open or adequate access to potable water of a drinkable temperature in sufficient quantity to satisfy the animal's needs must be provided. The animal control officer or any other agent has discretion to warn the owner, and to provide the opportunity to remedy the violation within 24 hours.
(6) Necessary veterinary care. Owners or caretakers of 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.
(h) Whoever violates division (g) of this section is guilty of neglect of animals, which is a misdemeanor in the second degree.
(i) Each act in violation of division (g) of this section shall constitute a separate offense.
(Ord. 2019-3. Passed 2-11-19; Ord. 2020-25. Passed 11-9-20.)