(A) The owner or custodian of any animal shall provide sufficient wholesome and nutritious food, potable water, veterinary care when needed to prevent suffering, humane care and treatment, and protection from the elements. Examples of violations would include, but not be limited to, the following:
(1) Lack of immediately available, proper drinking water or an inadequate supply of drinkable water;
(2) Lack of wholesome, palatable food or sustenance to be provided free from contamination and in sufficient quantity;
(3) Failure to provide an animal sufficient space to stand to full height, turn around, lay down and make normal postural adjustments for comfort;
(4) The lack of providing shelter from weather, such as sun, rain, wind or inclement weather, or failure to maintain the shelter in a clean, sanitary condition free of excrement and unreasonable, objectionable odors; or
(5) To have an animal in possession that is known to or suspected to have an injury, accidental or deliberate, or to exhibit any signs of disease, shock, temperature fluctuations, tremors, swelling, open wounds, inability to eat, blistering or abnormal bleeding, partial paralysis, discharging blood or mucus, and failure to arrange for immediate medical care.
(B) Within an area, the greater part of which is utilized for residential, business or commercial purposes, and zoned as such, manure and droppings shall be removed from pens, yards, cages and other enclosures daily, and placed in fly-proof and insect-proof containers for disposal in an approved manner that will maintain the premises nuisance-free. Owners or keepers of animals shall not allow the animals to defecate on the residential or commercial property of another.
(C) No owner or custodian shall willfully abandon an animal on any street, road, highway or public place, or on private property of another when not in the care of another person.
(D) No person shall, at any time, fasten, chain or tie any dog, or cause such dog to be fastened, chained or tied, while the dog is on the dog owner’s property or on the property where the dog’s owner or custodian is, unless owner or custodian is immediately present with the dog. While direct point chaining or tethering of dogs to a stationary object is prohibited, dogs may be restrained by means of a trolley system, or a tether attached to a pulley on a cable run, between the hours of 7:00 a.m. and 7:00 p.m., if the following conditions are met:
(1) Only one dog may be tethered to each cable run;
(2) The tether must be attached to a properly fitting collar or harness worn by the dog, with enough room between the collar and the dog’s throat through which two fingers may fit. Choke collars and pinch collars are prohibited for purposes of tethering a dog to a cable run;
(3) There must be a swivel on at least one end of the tether to minimize tangling of the tether;
(4) The tether and cable run must be of adequate size and strength to effectively restrain the dog. The size and weight of the tether must not be excessive, as determined by the Animal Control Officer, considering the age, size and health of the dog;
(5) The cable run must be at least ten feet in length, and mounted at least four feet and no more than seven feet above ground level;
(6) The length of the tether from the cable run to the dog’s collar should allow access to the maximum available exercise area, and should allow continuous access to water and shelter. The trolley system must be of appropriate configuration to confine the dog to the owner’s property, to prevent the tether from extending over any object or an edge that could result in injury or strangulation of the dog, and to prevent the tether from becoming tangled with other objects or animals.
(E) Any dog confined within a fenced yard must have an adequate space for exercise based on a dimension of at least 60 square feet. Provided, further that where a dog is kept or housed on property without a fenced yard, the owner of the dog or persons having custody of the dog shall provide an enclosure for the dog meeting the 60-square-feet dimension. The enclosure must be at least 12 inches taller than the standing height of the dog within it.
(F) The dog shall have shelter to allow the animal to remain dry and protected from the elements. The shelter shall be fully enclosed on three sides, roofed, and have a solid floor. The entrance to the shelter shall be flexible to allow the animal’s entry and exit, or if there is no entrance cover, the shelter entrance shall face away from prevailing winds and weather, and sturdy enough to block entry of wind or rain. The shelter shall be small enough to retain the animal’s body heat and large enough to allow the animal to stand and turn comfortably. The enclosure shall be structurally sound and in good repair.
(G) No residence shall maintain five or more dogs at any given time.
(H) Animals kept in violation of this section may be taken into custody and impounded by the Animal Control Officer or such other law enforcement officer as authorized herein.
(`82 Code, § 6-2-9) (Ord. 500, passed 6-26-97; Am. Res. 2793, passed 8-14-14; Am. Ord. 854, passed 8-14-14; Am. Res. 3025, passed 5-18-17; Am. Ord. 890, passed 5-18-17) Penalty, see § 90.99