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(A) Generally. No person or owner or person having custody of any animal shall treat any animal cruelly in any manner. The following acts shall be deemed to be examples of cruelty to animals and are not intended to be a complete list of acts which may constitute cruelty:
(1) By overloading, overdriving, overworking, beating, torturing, tormenting, mutilating or killing, any animal, or cause or knowingly allow same to be done;
(2) By cruelly working any old, maimed, infirm, sick or disabled animal, or cause or knowingly allow, same to be done;
(3) By failing to provide any animal in his or her care or custody with proper food, water, air and adequate shelter and adequate space as defined in § 90.001 above;
(4) By failing to provide necessary, veterinary attention to sick animals in need which are in any person’s care or custody;
(5) By abandoning any animal where it may become a public charge or may suffer injury, hunger, thirst or exposure;
(6) By carrying, keeping, driving or causing to be carried, driven or kept, any animal in a cruel manner;
(7) By leaving or confining any animal in a motor vehicle, trailer or other enclosure in a manner that it places the animal in a life or health threatening situation due to exposure to heat or cold, without sufficient ventilation or other protection from the heat or cold;
(8) By beating, cruelly ill treating, tormenting, abusing, wounding or killing, or attempting to wound or kill, or by knowingly poisoning or causing to be poisoned, any animal, with the exception of mice, and then only by using approved Department of Agriculture poison appropriate for rodents; and
(9) By tethering any animal to a fixed object in violation of that described in § 90.012 below.
(1) No right to redeem animal. When an Animal Control Officer or a police officer finds a violation of this section which has resulted in an animal being in a condition that no remedy or corrective action by the owner or person in custody, is reasonably possible, or if the owner fails or refuses to provide a remedy or corrective action, an Animal Control Officer or a police officer shall have the right to enter upon private property or public property in the city to examine and/or remove and impound the animal therein. Upon determination and impoundment, the owner or person otherwise responsible for the animal (owner/custodian) shall have no right of redemption from impoundment as to the animal. No officer will have the right to enter a private dwelling for this purpose without a valid search warrant or other lawful process. The owner or person otherwise responsible for the animal shall be strictly liable for all expenses incurred in taking possession of and impounding the animal.
(2) Notice and review. The owner or person in custody of an animal impounded under this division shall be provided written notice of the impoundment of the animal, which notice shall inform the owner/custodian of the determination and finding of the Animal Control Officer and/or police officer and that the owner/custodian shall not have the right to redeem the animal from impoundment by reason thereof. The owner/custodian of the animal may appeal the determination and finding to terminate the right to possess the animal to the Chief of Police, provided that the owner/custodian delivers a written request for review to the Chief of Police within seven days of the date of impoundment of the animal. The Chief shall promptly set the matter for review and give notice to the owner/custodian of the time, date and place of the review, at which time the owner/custodian shall have the opportunity to appear to be heard on the determination to terminate the owner/custodian’s right to possess and redeem the animal. After any review, the Chief shall render a written decision, affirming, reversing or modifying the termination of the right of possession and redemption of the animal. The written decision shall be promptly mailed to the owner/custodian (at the address provided by the owner/custodian) or delivered personally thereto. The review and/or decision by the Chief of Police shall not stay nor be binding as to any other prosecution for violations of this code or other laws or regulations with respect to the animal.
(C) If owner cannot be located. If the owner cannot be located after a reasonable search, or if the owner shall be known to be absent due to illness, incarceration or other circumstances, an Animal Control Officer or a police officer shall have the right to enter upon private property or public property in the city to examine and/or remove and impound the animal therein. No officer will have the right to enter a private dwelling for this purpose without a valid search warrant or other lawful process. The owner shall be held strictly liable for all expenses incurred.
(1980 Code, § 22.102) (Ord. 9258, passed 5-27-2014; Ord. 9274, passed 2-17-2015) Penalty, see § 90.999