(A) Molestation, torture and the like prohibited. It shall be unlawful for any person to molest, torture, torment, deprive of necessary sustenance, cruelly beat or treat, needlessly mutilate or kill, wound, injure, poison, abandon or subject to conditions detrimental to its health or general welfare any animal or to cause or procure such action. The words TORTURE and TORMENT and the term CRUELLY BEAT OR TREAT shall be held to include every act, omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted; but such terms shall not be construed to prohibit an Animal Control Officer, his or her agents or veterinarians from euthanizing dangerous, unwanted or injured animals in a humane manner.
(B) Luring, enticing, seizing, molesting or teasing an animal. It shall be unlawful for any person to entice or lure any animal out of an enclosure or off the property of its owner or keeper, or to seize, molest or tease any animal while the animal is held or controlled by its owner or keeper or while the animal is on the property of its owner or keeper for the purpose of causing harm to the animal; but such actions of luring, enticing and seizing shall not be construed to prohibit lawful taking of animals under the jurisdiction and regulations of this chapter by duly authorized Animal Control Officers.
(C) Abandonment. It shall be unlawful for any owner or person responsible for any animal to drop or leave such animal on a street, road, highway or in a public place or on private property with intent to abandon without provision for its continuous care, sustenance and shelter. No owner of an animal shall abandon such animal, except to relinquish the animal to the animal shelter. If the Animal Control Division finds that an animal has been abandoned, the animal may be impounded. When it has been suspected the animal has been abandoned in a house or within a fenced area, the Animal Control Division must make a reasonable effort to locate the owner or manager of the property. The property will be posted for 72 hours at which time the animal will be removed from the property. If the owner contacts the Animal Control Division to reclaim the animal, an explanation for the animal’s abandonment must be provided to the satisfaction of the Animal Control Supervisor before the animal is reclaimed by the owner.
(D) Performing animal exhibitions. No person may sponsor, promote or train a wild or domestic animal to participate in unnatural behavior in which the animal is wrestled, fought, harassed or displayed in such a way that the animal is abused. This prohibition applies to events and activities taking place in either public or private facilities or property, and apply regardless of the purpose of the event or activities and whether or not a fee is charged to spectators.
(E) Confinement of animals in motor vehicle. No person may place or confine an animal or allow an animal to be placed or confined in a motor vehicle for such a period of time as to endanger the health or well-being of such animal due to temperature, lack of food or water, and such other conditions as may reasonably be expected to cause suffering, disability or death.
(1) After making a reasonable effort to find the driver of a vehicle in which an animal is confined, an employee of the Animal Control Section, at the direction of a law enforcement officer, may use the least intrusive means to break and enter the vehicle, if necessary, to remove the animal where reasonable cause exists to believe that the animal is in the vehicle in violation of this division (E)(1).
(2) The Animal Control Officer removing the animal shall then impound the animal and leave in a prominent place on the motor vehicle a written notice of the animal’s impoundment, a brief description of the animal and where and when the animal may be reclaimed. The Officer may also issue a warning citation for violation of this division (E)(2).
(F) Intentionally striking animals with motor vehicle. It shall be unlawful for any person to intentionally strike an animal with an automobile or other vehicle causing injury or death.
(G) Authority to use force against animals. Nothing in this section shall prohibit use of force against an animal which is in the act of causing severe injury on a human being or a domestic animal.
(1987 Code, § 8-2-11) (Ord. passed 2-8-2005) Penalty, see § 94.99