(A) A person commits animal cruelty if a person does any of the following:
(1) Intentionally, knowingly or recklessly subjects any animal under the person's custody or control to neglect or abandonment.
(2) Intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control.
(3) Intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal.
(4) Recklessly subjects any animal to cruel mistreatment.
(5) Intentionally, knowingly or recklessly kills or attempts to kill any animal under the custody or control of another person without either legal privilege or consent of the owner.
(6) Recklessly interferes with, strikes, kills or harms a working or service animal without either legal privilege or consent of the owner.
(7) Intentionally, knowingly or recklessly leaves an animal unattended and confined in a motor vehicle under circumstances from which physical injury to or death of the animal is likely to result.
(8) Recklessly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal.
(9) Strikes any domestic animal with a vehicle resulting in injury to the animal and leaves the scene without rendering aid and assistance in the care of such animal, if such action can be taken with reasonable safety. For purposes of this section, "domestic animal" shall mean an animal usually domiciled with or cared for by humans, such as cat or dog.
(10) Intentionally or knowingly poisons or attempts to poison any domestic animal. For purposes of this section, "poison" or "attempt to poison" includes the act of placing food, water, or lure of another sort which contains poison or contains health threatening foreign objects, such as glass or metal, in a location where any animal may be attracted to it.
(11) Intentionally, knowingly or recklessly uses a baited trap or mechanical device to capture an animal, causing it injury or death.
(B) It is not a defense to division A of this section if:
(1) The animal was trespassing on property owned or controlled by the person alleged to have violated this section.
(2) The animal was not restrained in compliance with any leash law.
(3) The person alleged to have violated this section did not know that the animal was under the custody or control of another person.
(C) Neglect. The purpose of this section is to guarantee that animals under human custody or control are housed in healthy environments and are provided with proper food, water, shelter, medical care, exercise space and ventilation. Any person owning or having care, control or custody of any animal shall provide:
(1) That the animal receives daily, food that is free from contamination and is of sufficient quantity and nutritive value to maintain the animal in good health.
(2) That potable water is accessible to the animal at all times, either free-flowing or in a clean receptacle.
(3) That, except for livestock, all animals have convenient access to natural or artificial shelter throughout the year. Any such artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements, and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation or drainage, shall not comply with this section. Any shelter, all bedding and any spaces accessible to the animal shall be maintained in a manner which minimizes the risk of the animal contracting disease, being injured, or becoming infested with parasites.
(4) That the animal receives care and medical treatment for debilitating injuries, parasites and diseases, sufficient to maintain the animal in good health and minimize suffering.
(5) That the animal is given adequate exercise space within an enclosure that shall be constructed of material, and in a manner, to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition.
(6) That the animal has access to adequate ventilation and is protected from temperature extremes at all times. In this connection, it is unlawful for any person to keep any animal in a vehicle or other enclosed space in which the temperature is either so high or so low, or the ventilation is so inadequate, as to endanger the animal's life or health. Any police officer is authorized to use whatever force is reasonable and necessary to remove any animal from a vehicle or other enclosed space whenever it appears that the animal's life or health is endangered by extreme temperatures or lack of ventilation within the vehicle or other enclosed space.
(a) No police officer shall be liable for damages to property caused by the use of reasonable force to remove an animal from such a vehicle or other enclosed space under such circumstances.
(D) Divisions (B)(1) and (B)(2) of this section may be waived by any police officer if dictated by treatment under the direction of a licensed veterinarian.
(E) Any person violating the provisions of this section shall be guilty of a misdemeanor.
(F) Penalty. Each person convicted of a violation of these sections shall be fined according with the schedule of fees and fines.
(G) No judge may grant probation in lieu of, or otherwise suspend, the imposition of the minimum fine prescribed herein. The judge may order that the owner shall not be permitted to own or control any animal for a period of up to three years, and the judge may order that the animal(s) which are the subject of this action be forfeited to the Humane Society or other suitable agency to be placed by adoption in a suitable home or humanely destroyed. The court also shall order the convicted person to make restitution to the city or to any person, agency, or volunteer who has contracted with the city to care for an animal that is seized and impounded pursuant to this or other provisions of this section for the cost of care for the animal incurred from the time of seizure or impoundment to the time of conviction. This shall not be construed to affect, in any way, the imposition of any mandatory minimum penalties provided herein.
(Ord. 2022-05, passed 10-26-2022)