Sec. 7-142. Defecation on Public Property:

   No owner or keeper of any pet shall permit said pet to defecate on any public way or public property or upon any private property without the permission of the occupant or the owner of the private property without immediately removing said defecation and depositing same in a refuse container or similar depository. (Ord. 86-21, 5-5-1986; Ord. 56-2004, § 1, 5-10-2004; Ord. 002-2020, 1-13-2020)

Sec. 7-143. Health and Cruelty:

   (a)   It shall be unlawful for any animal owner or person to cruelly deprive food, water, shelter, and protection to any animal under their control and/or custody, or to abandon, poison, cruelly beat, cruelly whip or kill any animal under their, another's or no one's control and/or custody, or to mutilate, overdrive, overload, overwork, torment, torture or otherwise cruelly ill use any animal. This section shall not apply to wild animals killed in the hunt (not within city limits) by customary and non-brutal methods nor to wild rats, mice, insects, fish, arthropods or vermin; nor shall this section apply to medical research organizations duly licensed and/or otherwise recognized or supported by state or federal law.

   (b)   It shall be unlawful for any animal owner to permit, either willfully or through failure to exercise due care and control, any animal to bark, cry, howl, whine or cause other objectionable noises which disturb the comfort, peace, quiet or repose of any person residing in the vicinity.

   (c)   It shall be unlawful for any animal owner, either willfully or through failure to exercise due care and control, to maintain an animal or the premises upon which the animal is maintained, in such a manner as to emit such offensive odors which disturb the comfort, peace or repose of any person residing in the vicinity.

   (d)   It shall be unlawful for any animal owner to abandon any animal where it may become a public charge, or may suffer injury, hunger or exposure.

   (e)   Any person violating the provisions of this section shall be subject to a fine of not less than two hundred dollars ($200.00). (Ord. 92-149, § 3, 12-21-1992; Ord. 002-2020, 1-13-2020)

Sec. 7-144. Commercial Kennels, Pet Shops, Breeders, And Animal Rescuers And Rehabilitators:

   (a)   Definitions:

   Animal Care Facility: An animal control center or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.

   Animal Rescue Organization: Any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes. This term does not include any entity, which is, or is housed on the premises of, a breeder or broker, obtains dogs from a breeder or broker in exchange for payment or compensation, or resells dogs obtained from a breeder or broker and provides payment or compensation to such breeder or broker.

   Breeder: A person or persons who own or breed dogs and/or cats primarily for personal recreational use, such as participation in recognized conformation shows, field or obedience trials, racing, scenting, specialized hunting or working trials, and water trials, and for the purpose of improving the physical soundness, temperament, and conformation of a given breed to standard, such person to sell or exchange, at retail only, and other than for purposes of research, testing, or experimentation, dogs or cats bred from male/female dogs or cats owned or leased by the breeders.

   Commercial Kennel: A structure or premises where dogs and cats over four (4) months of age are kept, or boarded for commercial purposes, excluding animal hospitals, clinics and pet shops.

   Offer for Sale: To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose of an animal including dogs and cats.

   Pet Shop: A retail establishment where live animals are sold, exchanged, bartered or offered for sale as pet animals to the general public at retail. Such definition shall not include an animal care facility or animal rescue organization, as defined.

   (b)   No pet shop shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats or dogs. Nothing in this section shall prohibit pet stores from collaborating with animal care facilities or animal rescue organizations to offer space for such entities to showcase adoptable dogs and cats. (Ord. 002-2020, 1- 13-2020)

Secs. 7-145–7-155. Reserved:

DIVISION 3. IMPOUNDMENT