(A) It is unlawful to abandon any animal within the municipality.
(B) No person shall:
(1) Overdrive, overload, drive when overloaded, or overwork any animal;
(2) Cause unnecessary suffering to any animal or take actions likely to cause unnecessary suffering to any animal;
(3) Needlessly shoot at, wound, capture, or in any other manner needlessly molest, injure, or kill any animal;
(4) Keep any animal in a manner that causes the animal to endure unnecessary suffering; or
(5) Confine any animal in a vehicle in such a manner that it places the animal in a life- or health-threatening situation by exposure to heat or cold without sufficient protection from such heat or cold. Evidence of a life- or health-threatening situation includes, but is not limited to, excessive panting, rapid breathing, or difficulty breathing, drooling, thick saliva, bright red, purple, or pale gums, difficulty standing, apparent paralysis, shivering or trembling, decreased responsiveness, vomiting, diarrhea, excessive bleeding, seizures, and loss of consciousness.
(C) It is a specific defense to a charge of violating division (B)(3) above that the action was necessary to avoid injury to a person or that the animal was not a domesticated animal and the action was necessary to avoid injury to a person or property.
(D) In order to protect the health and safety of an animal, an Animal Control Officer, Code Enforcement Officer, police officer, or any other peace officer under this Code who has probable cause to believe that division (B)(5) above is being violated shall have the authority to enter such vehicle by any means reasonable under the circumstances and take custody of the animal.
(Ord. 995, passed 8-22-2017) Penally, sec § 90.999