§ 90.40 CRUELTY, ABUSE AND NEGLECT.
   (A)   Any person or entity that commits an act as defined in § 90.01 Cruelty, Abuse and Neglect, of this chapter shall be in violation of this section.
   (B)   Any person or entity owning or having care, control, or custody of any animal shall ensure:
      (1)   The animal shall receive 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)   Except for livestock, all animals have convenient access to natural or artificial shelter throughout the year. Any 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.
      (4)   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)   The animal is given adequate exercise space, either:
         (a)   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; or
         (b)   On a tie out, consisting of a chain, leash, wire cable, or similar restraint attached to a swivel or pulley. A tie out shall be so located as to keep the animal exclusively on the secured premises. Tie outs shall be so located that they cannot become entangled with other objects. Collars used to attach an animal to a tie out shall not be of a choke type. No tie out shall employ a restraint that is less than ten feet in length.
      (6)   Except for livestock, 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. The Animal Control Officer or 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. Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, sheep, poultry, or other agricultural livestock in trailers or other vehicles designed and constructed for such purposes.
   (C)   Any person who, when operating a motor vehicle, strikes a domestic animal shall stop at once and render any assistance possible and shall as soon as reasonably possible report the injury or death to the animal's owner. In the event the owner cannot be ascertained and located, the operator shall at once report the accident to a City Animal Control Officer or local Police Officer.
   (D)   Pets Stores shall maintain their facility and animals in accordance with the guidelines set forth by the Pet Industry Joint Advisory Council. (PIJAC)
('76 Code, § 6-4-1) (Ord. 786, passed 9-24-87; Am. Ord. 936, passed 10-28-93; Am. Ord. 938, passed 2-24-94; Am. Ord. 1030, passed 3-27-97; Am. Ord. 1077, passed 10-8-98; Am. Ord. 2005-022, passed 11-11-05; Am. Ord. 2010-001, passed 1-14-10)