§ 91.09 ENCLOSURES.
   (A)   Animals kept in enclosures. All animals kept inside or in a pen, leashed or enclosed by a fence or electric fence shall be kept in a sanitary manner. No animal shall be kept in feces, mud, water or any debris. The person responsible for the animal(s) shall regularly maintain all areas of the animal confinement. It is unlawful for an owner or person in control of an animal to fail to keep the animal in an adequate enclosure.
   (B)   Housing facilities. Indoor and outdoor housing facilities for animals shall be maintained so as to contain the animal on the property at all times and to protect the animal from injury.
   (C)   Storage of food. Supplies of food shall be stored in sealed containers or other containers which protect the food against insect and vermin infestation and contamination. Refrigeration shall be provided where necessary to prevent the spoiling of food.
   (D)   Ventilation. Indoor housing facilities for animals shall be ventilated with fresh air by means of windows, doors, vents, fans or air-conditioning to provide for the animals’ health, comfort and well-being and to minimize odors, drafts, ammonia levels and moisture condensation. Ambient temperature in an indoor housing facility shall be maintained between 50ºF and 85ºF.
   (E)   Primary enclosures. All primary enclosures for animals shall conform to the following minimum requirements, except where identified otherwise in writing by a licensed veterinarian for medical reasons.
      (1)   Primary enclosures shall be structurally sound and constructed as to permit the animal within them to remain dry.
      (2)   The floors that are not a solid surface shall be of an open-weave construction where the openings are smaller than the size of the flattened foot of the animal contained inside.
      (3)   Primary enclosures shall be maintained in good repair and shall not have sharp points or edges that could injure an animal.
      (4)   The following restrictions apply to primary enclosures that house multiple dogs or cats:
         (a)   Intact females in estrus shall not be housed in the same primary enclosure with adult dogs or cats other than their dams or surrogate dams;
         (b)   Puppies or kittens shall not be housed in the same primary enclosure with adult dogs or cats other than their dams or surrogate dams; and
         (c)   Dogs shall not be housed in the same primary enclosure as cats, nor shall dogs or cats be housed in the same primary enclosure with any other species of animal.
   (F)   Sanitation. Housing facilities shall be cleaned daily. Primary enclosures, including top, sides, floor, grate and door shall be cleaned with soap and disinfectant daily.
   (G)   Quarantine. Animals under quarantine or treatment for communicable diseases shall be housed according to generally accepted veterinary medical requirements.
   (H)   Dog enclosures. Dog enclosures must conform to the following requirements:
      (1)   Shall have an outside perimeter that is a minimum height of 48 inches when measured from the ground, or an electric fence. Any portion of a building that is intended to form part of an enclosure must have a continuous wall that meets the applicable height requirement;
      (2)   All non-building portions of an enclosure, including gates, shall be constructed of chain link, welded wire, wrought iron, brick, mortared stone, concrete block, wood stockade or other similar fencing-type material approved by the enforcement authority;
      (3)   Where a building forms a part of an enclosure, there shall be a minimal separation between the building and the remaining parts of the enclosure to prevent the escape of the animal or animals contained;
      (4)   Shall be designed, erected and maintained in accordance with all applicable zoning and building regulations; and
      (5)   Broken or damaged portions of an enclosure shall be repaired with like material and provide a seamless barrier that reasonably inhibits or prevents escape.
   (I)   Dangerous and vicious animals. Enclosures for potentially dangerous/vicious dogs; dangerous animals:
      (1)   Must be confined indoors without access to exterior entrances and windows; or
      (2)   Confined outdoors in an enclosed and locked pen or structure, which shall be:
         (a)   For extra-large animals (over 26 inches at withers or over 75 pounds): 1.48 square feet;
         (b)   For large animals ( 20 to 26 inches at withers or not over 75 pounds): 40 square feet;
         (c)   For medium animals (12 to 20 inches at withers or not over 50 pounds): 3.32 square feet; and
         (d)   For small animals: 4. 24 square feet; 12 inches or less at withers or not over 20 pounds.
   (J)   Building requirements. Enclosures shall be constructed with chain-link fencing for all four sides and top, which are securely attached together. The sides of the enclosure shall be a minimum height of 72 inches when measured from the ground. The pen or structure must have a secure bottom or floor attached to the sides, or the sides of the pen must be embedded in the ground no less than two feet. The pen must be locked with a key lock or combination lock when any animals are within the structure. The pen or structure shall be set back at least ten feet from the nearest property line.
   (K)   Violation.
      (1)   An owner commits an offense if the owner fails to comply with this section.
      (2)   If an owner fails to comply with this section with respect to more than one animal, the owner’s conduct with respect to each animal constitutes a separate offense.
(Ord. 2021-4, passed 11-16-2021) Penalty, see § 91.99