(A) Every owner or keeper of an animal kept in the city shall see that such animal:
(1) Is kept in a clean, sanitary and healthy manner and is not confined so 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 exercise and move about freely;
(3) Is protected against abuse, cruelty, neglect, torment, overload, overwork, or any other mistreatment;
(4) Shall provide the reasonably necessary medical care according to commonly accepted veterinary standards, in addition to the required rabies vaccination 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; and
(5) 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.
(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) It shall be unlawful to tether any animal by use of a choke collar, or on any collar too small for the size and age of the animal, or by any rope, chain, or cord directly attached to the animal's neck, or by a leash less than 12 feet in length, or by any tether or leash without swivels on both ends, or of such unreasonable weight as to prevent the animal from moving about freely.
(D) It shall be unlawful for any animal to be tethered between the hours of 11:00 p.m. and 6:00 a.m.; or to tether any un-sterilized dog for any period of time unless the dog is in visual range of a competent adult who is outside with the dog; or to tether or confine an animal at a vacant structure or premises for any purpose or time when it is not monitored by a competent adult who is present at the property for the duration of such tethering or confinement.
(E) In addition to the general requirements for animal care and treatment in this section, every owner or keeper of a dog kept in the city shall see that such dog when confined outside:
(1) Has access to a shelter constructed of solid wood or other weather resistant material, consisting of a structure with solid walls on all sides, a dry floor raised above the ground, and a solid roof sloped away from the entrance to protect the dog from weather and extreme cold. During winter and any day when the temperature is at or below 40°F, the shelter must be just large enough for the dog to stand up and turn around, the entrance covered by a flexible wind-proofing material or self-closing door, and must contain clean, dry bedding, which must consist of an insulating material that does not retain moisture, such as straw, of sufficient depth for the dog to burrow. On any day when the temperature is at or above 80°F, the shelter must be shaded by trees, a tarp, or a tarp-like device.
(2) Must be brought into a temperature controlled facility when the temperature is at or below 20°F or at or above 90°F, or when a heat advisory, wind chill warning, or tornado warning has been issued by local, state, or national authority, except when the dog is in visual range of a competent adult who is outside with the dog.
(3) Has adequate space for exercise when confined in an enclosure or pen, which shall consist of no less than 100 square feet. A dog over 80 pounds must be provided with an additional 50 square feet. For each additional dog inside the enclosure, 50 square feet of space for exercise must be added per dog.
(4) Is treated so that there are no open lesions on the dog's skin due to insect bites or other parasitic infections.
(5) Shall not be tethered except when all of the following conditions are met:
(a) The tether is not attached to a motorized vehicle, such as an automobile, truck, or motorcycle;
(b) The dog is at least six months of age and is not sick or injured;
(c) The tethered dog has access to water, shelter, and dry ground. If there are multiple tethered dogs, each dog must be tethered separately in a manner that prevents the tethers from becoming entangled with each other or any other object, and each dog must have separate water and shelter;
(d) The tether is attached to the dog by a properly fitting buckle-type collar, or a collar that will not break under pressure, with a rotating toggle or attachment. Pinch, prong, or choke collars shall not be used. The tether shall not wrap directly around the dog's neck; and
(e) The tether is not of such unreasonable weight as to prevent the dog from moving about freely, is free of tangles, cannot be entangled with another animal or object, and is at least 12 feet in length.
(f) If the dog is attached to a trolley system, the running line must be at least 12 feet in length and the tether length must be greater than the height of the running line.
(g) The tether is located so as not to allow the dog to trespass on public or private property nor in such a manner as to cause harm or danger to persons or other animals.
(F) In the discretion of the enforcement authority, 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 five days within which to correct the violation(s). Failure of the person to correct the violations within the specified time period shall constitute prima facie evidence of this section.
(G) If, in the opinion of the enforcement authority an animal is endangered; the enforcement authority may take immediate action, up to and including confiscation of the endangered animal for immediate medical care.
(H) A person who violates any provision of this section shall be punishable as provided in § 90.99; provided, however, the fines imposed for any such violation shall be as follows:
(1) For the first violation, not less than $25; and
(2) For the second or subsequent violations, not less than $200, and the court upon request shall order forfeiture or other disposition of the animal involved. A judgment by the court which orders forfeiture or other disposition of the animal by the city or any third party shall include as a part of such judgment adequate provisions for the collection of costs of forfeiture or impoundment from the person found in violation.
(I) For purposes of this section, the following terms have the following meanings:
(1) “CONFINED OUTSIDE.” Confined outside the house, mobile home, or apartment where the owner is living. Confined outside would include in the yard, or in a garage, shed, or barn without heating or air-conditioning. Access to a garage, shed, or barn maintained between 40°F and 80°F would not be considered confined outside.
(2) “TEMPERATURE CONTROLLED FACILITY.” A building maintained between 40°F and 80°F.
(Ord. 90-15, passed 12-10-90; Am. Ord. 2001-04, passed 6-12-01; Am. Ord. 2004-15, passed 11-22-04; Ord. 2016-06, passed 5-9-16) Penalty, see § 90.99