Every person responsible for any animal located within the town shall ensure that the animal:
(A) Is kept in a clean, sanitary and healthy manner and is not confined so as to be forced to stand, sit or lie in excrement.
(B) Has sufficient good and wholesome food and water which is proper and nutritional for that species;
(C) Has proper shelter;
(1) (a) Proper shelter shall mean a structure of at least three sides and a roof which is located on dry ground that is mud free and kept in a sanitary manner;
(b) The shelter must protect the animal from all elements of the weather and allow the animal to stand, sit and lie down without restriction;
(2) No person shall leave an animal outside, exposed to the elements, for any amount of time that said exposure would become dangerous to the animal’s health. An animal must be brought inside a temperature-controlled building when:
(a) The temperature is 32ºF and below;
(b) The temperature is 85ºF and above;
(c) There is a heat advisory;
(d) There is a wind chill warning; or
(e) A severe thunderstorm/tornado warning has been issued.
(D) Receives proper veterinary care as necessary to treat illness, disease and/or injury, to prevent the transmission of disease to other animals or human beings and to promote good animal health;
(1) Veterinary care will include proper grooming and vaccinations for rabies;
(2) No person other than a licensed veterinarian shall perform tail docking, ear cropping or spaying/neutering on any animal;
(E) Is not beaten, cruelly treated, overloaded, overworked or otherwise abused.
(F) Is not abandoned, neglected or tortured;
(G) Does not, unprovoked, bite, kick, butt, claw, assault, attack or otherwise create a danger to the health and/or safety of other animals or human beings;
(H) Is prevented from running at large on property other than private property owned or lawfully occupied by its owner by means of a leash, chain or other appropriate physical restraint;
(I) Is not left unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal;
(J) Is not transported in the open bed of a vehicle unless confined in an appropriate manner, so as to reasonably prevent the animal from jumping or being thrown from same;
(K) Does not defecate on the property of another unless the person responsible for the animal immediately thereafter removes or has removed from the property as much of the feces as is reasonably possible; and
(L) Is not incited, trained to fight (other than a crime prevention dog) or set to fighting another animal or a human.
(1) No person shall build, make, maintain or possess animal fighting paraphernalia, or keep a fighting pit on his or her premises.
(2) No person shall, in any manner, encourage, instigate, promote or assist in any exhibition of animal fighting or intentional combat between animals.
(3) No person shall charge admission, be an assistant or participant, or be present to any exhibition of an animal fight or combat.
(4) No person shall violate the provisions of I.C. 35-46-3. Violations of that chapter shall be prosecuted in accordance with the provisions of state law as contained therein.
(Ord. 2021-4, passed 11-16-2021) Penalty, see § 91.99