615.05   ANIMAL CARE.
   (a)   Standards.
      (1)   Adequate care. Every owner or caregiver of an animal shall be required to provide the animal with the minimum standard of care set forth in this chapter, which means the provision of sufficient food, water, shelter, sanitary conditions, exercise, and veterinary medical attention in order to maintain an animal in a state of good health.
      (2)   Food and water. Every owner or caregiver of an animal shall provide, on a daily basis, the animal with sufficient good and wholesome food and (potable) water.
      (3)   Cleanliness. Every owner or caregiver of animals shall keep all animals in a clean, sanitary and healthy manner and not confined so as to be forced to stand, sit or lie in their own excrement.
      (4)   Shelter. Every owner or caregiver of animals shall provide all animals with a proper shelter.
      (5)   Veterinary care. The owner or caregiver of a diseased or injured animal shall provide the animal with appropriate veterinary (medical) care and shall segregate the diseased animal from other animals to prevent transmittal of disease.
      (6)   Abuse. No person shall beat, cruelly treat, improperly tether, torment, overload, overwork or otherwise abuse an animal.
      (7)   Abandonment and neglect. No owner or caregiver of an animal shall abandon or neglect any animal. An animal is deemed abandoned and/or neglected if the owner or caregiver fails to properly maintain the animal.
      (8)   Poison. No person shall expose any known poisonous substance, whether mixed with food or not, so that the poisonous substance may be eaten by any animal, provided that it shall not be unlawful for a person to expose on his or her property common rat poison mixed only with vegetable substances.
      (9)   Disfigurement. No person, except a licensed veterinarian, shall crop an animal’s ears or dock an animal’s tail.
      (10)   Housing conditions for multi-animal housing.
         A.   Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from illness or injury, to contain the animals, and to restrict the entrance of other animals.
         B.   Every building or enclosure where animals are maintained shall be constructed of material that can be easily cleaned and shall be kept in a clean and sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required, according to the physical needs of the animals, with sufficient light to allow observation of animals and sanitation.
         C.   All animal rooms, cages, kennels, and runs shall be of sufficient size to provide all animals with adequate room for exercise and general proper accommodations.
         D.   All animal rooms, cages, kennels, and runs shall provide all animals with proper shelter and protection from the weather at all times, including, but not limited to, a minimum of a roofed, three-sided structure of suitable size. All animals must be provided with an area protected from the elements so as to provide a dry, clean area for the animals to rest.
         E.   No person shall fail to provide an animal with adequate shelter.
      (11)   Other conditions. No animal shall be left without proper attention and care for more than 24 consecutive hours.
      (12)   Tethering of dogs.
         A.   Tethering means the practice of securing a dog to a stationary object by means of a metal chain or coated steel cable or other similar means for keeping a dog restrained in its movement. Tethering does not mean walking a dog on a leash, or for temporary grooming, or other professional service.
         B.   It shall be unlawful for a person to:
            1.   Continuously tether a dog for more than three hours during any 24-hour period; or
            2.   Tether a dog on a tether made of anything but a coated steel cable; or
            3.   Use a tether or any assembly or attachments thereto to tether a dog that shall weigh more than ten percent (10%) of the animal’s body weight, or due to weight, inhibit the free movement of the animal within the area tethered; or
            4.   Tether a dog on anything except a buckle-type collar or harness. It is unlawful to tether a dog on a choke chain or around the dog’s neck, or tethered to training collars such as choke or pinch-style collars, or in such a manner as to cause injury, strangulation, or entanglement of the dog on fences, trees, or other man made or natural obstacles; or
            5.   Tether a dog without access to shade when sunlight is likely to cause overheating; or
            6.   Tether a dog and fail to provide appropriate shelter to provide insulation and protection against cold and dampness when the atmospheric temperature falls below 40 degrees Fahrenheit; or
            7.   Tether a dog without securing its food and water supply so that it cannot be tipped over by the tether; or
            8.   Tether a dog in an open area where it can be teased by persons or an open area that does not provide the dog protection from attack by other animals; or
            9.   Tether a dog in an area composed entirely of bare earth subject to becoming wet and muddy in the event of precipitation, and without any dry surface area or cover for protection; or
            10.   Tether a dog less than four months of age; or
            11.   Tether more than one dog to a single tether; or
            12.   Tether a dog to a stationary object which would allow a dog to come within five feet of any property line; or
            13.   Tether a dog without a swivel attachment on both ends; or
            14.   Tether a dog on a tether more than ten feet in length.
         C.   The animal control officer, or his or her designee, may in his or her discretion temporarily order a more restrictive tethering requirement if circumstances require and it is not detrimental to the health, safety or welfare of the dog.
         D.   Penalty. A person found responsible for violating subsection (a)(12) shall be deemed responsible for a municipal civil infraction in the amount of one hundred dollars ($100.00) per day. Any person found liable for violating this section three or more times in a one year time span shall be guilty of a misdemeanor.
(Ord. 955. Passed 9-5-12; Ord. 14-967. Passed 7-2-14.)