(A) Every person keeping an animal in the city shall see that such animal:
(1) Is kept in a clean, sanitary and healthy manner and is not confined as to be forced to stand, sit or lie in its own excrement. The person(s) responsible for animal(s) shall regularly and as often as necessary to prevent odor or health and sanitation problems maintain all animal areas or areas of animal contact;
(2) Has food that is appropriate for the species in adequate amounts to maintain good health, fresh potable drinking water where appropriate, shelter and ventilation, including quarters that are protected from excessive heat and cold and are of sufficient size to permit the animal to move about freely;
(3) Shall not be tethered:
(a) By use of a choke collar; or
(b) On any collar too small for the size and age of the animal; or
(c) By any rope, chain or cord directly attached to the animal’s neck; or
(d) By a leash less than 12 feet in length or of such unreasonable weight as to prevent the animal from moving about freely; or
(e) To a motor vehicle; or
(f) In a manner allowing the tether to become entangled with other objects or animals; or
(g) In a manner allowing that allows the animal to leave the keeper's property; or
(h) At a vacant structure or premises, unless the keeper is present.
(4) Is protected against abuse, cruelty, neglect, torment, overload, overwork or any other mistreatment;
(5) Shall be provided reasonably necessary medical care, in addition to the required rabies vaccination as set forth in § 90.25, which shall include recommended vaccinations as required by accepted veterinary standards and if diseased or injured or exhibiting symptoms of disease, receives proper care and is segregated from other animals so as to prevent transmittal of the disease;
(6) Is maintained in compliance with all applicable federal, state and local laws and all regulations respecting animal care and control as are adopted by the city Department of Public Safety and in effect from time to time; and
(7) Shall not live in a motor vehicle not designed for human habitation.
(B) It shall be unlawful for a person to beat, starve or otherwise mistreat any animal in the city, or to fail to comply with any requirement of division (A) of this section.
(C) For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXCESSIVE COLD. Includes, but is not limited to:
(a) A temperature of 20 degrees Fahrenheit or lower; or
(b) Any temperature at which a wind chill advisory has been issued by a local, state or national authority for the city.
EXCESSIVE HEAT. Includes, but is not limited to:
(a) A temperature of 90 degrees Fahrenheit or higher; or
(b) Any temperature at which a heat advisory has been issued by a local, state or national authority for the city.
(D) In the discretion of the Animal Control Officer, a person who violates any provision of this section for the first time may be given written notice of the practices or conditions which constitute the violation and the enforcement authority shall in such instance direct remedies to such person where appropriate and provide a time period of no longer than 30 days within which to correct the violation(s). Failure of the person to correct the violations within the specified time period shall constitute evidence of a prima facie violation of this section. An animal being kept in a manner inconsistent with this section may be impounded, if an Animal Control Officer determines that impoundment is necessary to protect the life of the animal.
(`81 Code, § 90.02) (Ord. 1855, passed 5-19-86; Am. Ord. 2049, passed 1-20-92; Am. Ord. 04-2512, passed 10-4-04; Am. Ord. 16-2786, passed 3-21-16) Penalty, see § 10.99