A. Cruelty To Animals: A person commits cruelty to animals when he:
1. Causes one animal or fowl to fight with another.
2. Intentionally or carelessly administers or applies any poisonous or toxic drug or any material injurious to tissues or organs to any animal or livestock, or procures or permits the same to be done, whether the animals be his own property or that of another. This provision shall not be interpreted so as to prohibit the use of poisonous substances for the control of vermin, in furtherance of public health, when applied in such a manner as to reasonably prohibit access to other animals.
3. By act or omission causes pain, suffering, terror or torment, or if he injures, mutilates or causes disease or death to any animal or fowl.
4. Administers or applies or procures or permits the administration or application of any trapping mechanism, other than a live capture trap, or exposes such a trapping mechanism to animals or livestock with the intent to harm or take the animal, whether the animal be his own property or that of another. All set live capture traps shall be checked and emptied daily. This provision shall not be interpreted so as to prohibit the use of trapping mechanisms by those licensed with the state, and whose traps have owner identification permanently affixed to them.
5. Neglects or fails to supply such animal with necessary and adequate care, exercise, rest, food, drink, air, light, space, shelter and protection from the elements.
6. Raises, trains, purchases or sells any animal or fowl for fighting, or harbors fowl for fighting purposes, which has the comb clipped or the spur altered or who is in possession of an artificial spur.
7. Is present as a spectator at any animal contest wherein one animal or fowl is caused to fight with another, or rents any building, shed, room, yard, ground or premises for the purpose of holding such a contest between animals, or knowingly suffers or permits the use of any building, shed, room, yard, ground or premises belonging to him or under his control for any of these purposes.
8. Abandons an animal.
9. Performs or causes to be performed any of the following operations:
a. Inhumanely removes any portion of the beak of any bird, domestic or wild.
b. Alters the gait or posture of an animal, by surgical, chemical, mechanical or any other means, including soring.
c. Crops or cuts the ears, removes an animal's claws or sterilizes a dog or cat and is not a licensed veterinarian.
d. Inhumanely docks the tail of an animal or removes an animal's dewclaws.
10. Sells, purchases, owns or has custody of any animal or fowl that has been dyed, painted or otherwise artificially colored.
11. Offers chicks, ducklings, goslings or other fowl for sale, raffles, offers as a prize, a premium or an advertising device, or displays chicks, ducklings, goslings or other fowl to the public without providing and operating brooders or other heating devices that may be necessary to maintain the chicks, ducklings, goslings or other fowl in good health, and without keeping adequate food and water available to the birds at all times.
12. Carries or causes to be carried any animal in a manner harmful to that animal. Suitable racks, cars, crates or cages in which such animals may stand, move freely or lie down during transportation, or while awaiting slaughter, must be provided.
13. Leaves any animal confined in a vehicle unattended in excessively hot or cold weather.
14. Continuously drives or works a horse or other animal to a point of observable strain, and denies the animal rest periods. Working animals shall be offered water periodically.
15. Takes or kills any wild birds, or robs or destroys the nest, eggs or young of any bird, in violation of the laws of the state.
16. Inhumanely hobbles livestock or other animals.
17. Leaves any livestock species used for draught, driving or riding purposes on the street without protection from the weather and without food and water.
18. Recklessly rides or drives any horse or other livestock species on any street, highway or avenue within this jurisdiction.
19. Induces or encourages an animal to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause or is likely to cause physical injury or unnecessary suffering.
B. Defenses:
1. It is a defense to prosecution under this section that the conduct of the actor towards the animal was by a licensed veterinarian using an accepted veterinary practice or directly related to a bona fide experimentation for scientific research; provided, that if the animal is to be destroyed, the manner employed will not be unnecessarily cruel, unless directly necessary to the veterinary purpose or scientific research involved.
2. Any person may kill a dog while it is attacking, chasing or worrying any domestic animal having a commercial value, or any species of hoofed protected wildlife, while attacking domestic fowl, or while such dog is being pursued thereafter.
3. Any dog making a vicious and unprovoked attack on any person, except when the attack is in defense of the person, family or property of the dog's owner, may be killed by any person while it is making such an attack.
C. Injuries And Communicable Diseases: No person shall knowingly harbor or keep any animal with a serious injury, or afflicted with mange, ringworm, distemper, parvo, kennel cough, or any other contagious disease, unless such animal is being given adequate treatment to control or eliminate disease.
D. Charge Of Violator; Seizure Of Animals: It shall be the duty of a person filing charges under this section to seize or arrange to be seized an animal found in the keeping or custody of a person being charged, and which are being used or will be used, as evidence in the case, resulting from such charge. The person making said seizure shall cause such animals to be delivered immediately to the department of animal control, or in such cases as may be necessary, to a veterinarian for treatment. It shall be the duty of that department to humanely hold such animals until further court order regarding their disposal. The perpetrator of any such act shall be responsible for the cost of impound, board and any medical expenses incurred during the holding period of the animal.
E. Harboring Of Animals Prohibited; Duty To Notify: It is unlawful for any person to harbor or keep within this jurisdiction any lost or strayed animal. Whenever any animal shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the animal shelter within seventy two (72) hours. The animal control director may take the animal into protective custody.
F. Places Prohibited To Animals: It shall be unlawful for any person to take or permit any animals, whether on a leash or in the arms of the owner, in any establishment or place of business where food or food products are sold or distributed, including, but not limited to, restaurants, grocery stores, meat markets, and fruit and vegetable stores. This however, shall not apply to guide dogs or to government working dogs while they are being used in law enforcement exercises. (1982 Code § 13-207)