(a)   No owner or keeper of a dog, cat, or other domestic animal shall cause any condition that may lead to permanent injury, death, or harm to such animal.
   (b)   No person shall keep any animal in a place that is unsanitary, including any place where there is an accumulation of feces or other waste, or foul odor, or insect or rodent infestation, or mud saturated.
   (c)   Animals shall be allowed to exercise and have freedom of movement as necessary to reduce stress and maintain good physical condition. Said space shall be kept free of standing water, mud, accumulated waste and debris.
   (d)   No person who owns or keeps an animal shall fail to provide the animal all of the following needs:
      (1)   Clean, potable drinking water at all times, and suitable food, of sufficient quality and quantity as to ensure normal growth and the maintenance of normal body weight;
      (2)   Food and water receptacles that are kept clean and disinfected, and located so as to avoid contamination by feces or other wastes;
      (3)   Regular exercise sufficient to maintain the animal's good health;
      (4)   Necessary veterinary care;
      (5)   Adequate shelter from the elements, including, but not limited to, wind, rain, snow, heat, sunlight and cold temperatures.
   (e)   Unlawful restraint of animals: The owner of an animal may restrain an animal on a tether for a reasonable period, not to exceed three hours in a 24-hour period. Tethering is prohibited:
      (1)   Between the hours of 10 p.m. and 6 a.m.;
      (2)   If a heat advisory has been issued by a local or state authority or jurisdiction;
      (3)   If a tornado warning has been issued for the jurisdiction by the National Weather Service;
      (4)   If the tether is less than 20 feet, provided the tether does not allow the animal to touch the fence or cross the property line or cross onto a public easement;
      (5)   If the tether is attached by means of a pinchrype, prongtype, or choketype collar or if the collar is unsafe or is not properly fitted;
      (6)   If the tether inhibits the animal's free movement or causes injury or entanglement;
      (7)   If the animal does not have access to shade, dry shelter, and a tipproof water supply.
   (f)   Confinement. Except as set forth in Section 505.01 "Dangerous and Vicious Dogs":
      (1)   Dogs shall not be continuously confined to a garage as their primary residence.
      (2)   Any dogs confined within a fenced yard must have adequate space for exercise based on a dimension of at least 100 square feet for one dog, plus an additional 30 square feet for each additional dog.
      (3)   For owners or persons having custody of a dog kept in an outside dog run or dog kennel, the enclosure shall meet the 100 square foot requirement for the first dog with an additional 30 square feet for every additional dog in the same enclosure.
      (4)   When outdoor temperatures reach freezing levels, all dogs, cats and small animals shall be provided adequate shelter, protected from the elements.
      (5)   All enclosures shall be of sufficient height to prevent the dog from escaping.
   (g)   No person who shelters an animal from the elements by means of an animal shelter, a cage, or a pen shall fail to conform it to the following requirements:
      (1)   The shelter, cage or pen shall be appropriate to the animal's size, weight and other characteristics, with sufficient space to allow the animal to turn about freely;
      (2)   The shelter, cage or pen shall provide sufficient shade to allow the animal to escape the direct rays of the sun at all times;
      (3)   The shelter, cage or pen shall be regularly cleaned and sanitized;
      (4)   The shelter, cage or pen shall be waterproof;
      (5)   The shelter, cage or pen shall be insulated from the cold weather or heated to keep the animal warm and free from frostbite.
   (h)   Whoever violates this section is guilty of neglect of animals, a misdemeanor of the first degree.
   (i)   All fines collected for violations of this section shall be first paid to cover expenses incurred with regard to the care of the animal from the time it was taken into custody. The balance of the fine, if any, or such part thereof as determined by the court, may be paid to the society or association for the prevention of cruelty to and/or humane treatment of animals, if there is one in the municipality; otherwise, at all times shall be paid to the general fund.
   (j)   Whoever violates this section is guilty of a misdemeanor of the first degree. The court may order the offender to forfeit the animal and may provide for its disposition, including, but not limited to, relinquishment of the animal to the society or association for the prevention of cruelty to and/or humane treatment of animals.
(Ord. 40-02. Passed 1-27-03; Ord. 54-10. Passed 12-20-10.)