(A) No person other than individuals transporting working dogs within agricultural or rural areas of the city shall transport or carry on any public highway or public roadway, any animal, wild or domestic, in or by a motorized vehicle unless the animal is as follows:
(1) Safely enclosed within the passenger compartment of the vehicle or if carried in the area designated for load carrying, the area must be enclosed or have side and tail racks at least 46 inches in height as measured from the floor of the vehicle;
(2) Protected within a secured container carried within, upon, or by such a vehicle; or
(3) Securely cross-tethered or secured to such vehicle by rope, chain, or other device in a fashion which prevents injury to the animal from falling from, being ejected from, or jumping from the vehicle.
(B) No person shall leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
(1) Nothing in this section shall prevent a Peace Officer, Humane Officer, or an Animal Services Officer from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
(2) A Peace Officer, Humane Officer, or Animal Services Officer who removes an animal from a motor vehicle shall take it to an animal shelter or other place of safekeeping or, if the officer deems necessary, to a veterinary hospital for treatment.
(3) A Peace Officer, Humane Officer, or Animal Services Officer is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible.
(4) A Peace Officer, Humane Officer, or Animal Services Officer who removes an animal from a motor vehicle shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing his or her name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal.
(5) This section does not affect in any way, the existing liabilities or immunities in current law, or create any new immunities or liabilities.
(Ord. 17-13, passed 12-19-2017)