(a) It shall be unlawful for any person to:
(1) Willfully or maliciously kill, maim, disfigure, torture; beat with a stick, chain, club or other object; mutilate, poison, burn or scald with any substance; or otherwise cruelly set upon any animals, except that reasonable force may be employed to drive off vicious animals;
(2) Drive or work any animal cruelly or cruelly work any maimed, mutilated, infirm, sick or disabled animal, or cause, allow or permit the same to be done;
(3) Have, keep or harbor any animal which is infected with any dangerous or incurable and/or painfully crippling condition except as hereafter provided. The Municipal Court Judge may order a person convicted of violation under this division (a)(3) to turn the animal involved over to a designated humane society. All such animals taken by the designated agency may be destroyed humanely as soon thereafter as is conveniently possible. This section shall not be construed to include veterinary hospitals or animals under active veterinary care;
(4) Sell or offer for sale, barter, give away, or use as an advertising device or promotional display, living baby chicks, rabbits, ducklings or other fowl under two months of age in any quantity less than 12; or to sell, offer for sale, barter, give away, or display animals or fowls as specified in this section which have been dyed, colored or otherwise treated so as to impart to them an artificial or unnatural color. This section shall not be construed to prohibit the sale of animals or fowls as specified in this division (a)(4), in proper facilities, by hatcheries or persons engaged in raising and selling such animals and fowls for recognized animal husbandry purposes;
(5) Promote, stage, hold, manage, or in any way conduct any game, exhibition, contest or fight in which one or more animals are engaged for the purpose of injuring, killing, maiming or destroying themselves or any other animal;
(6) Neglect or refuse to supply such animal with necessary and adequate care, food, drink, air, light, space, shelter or protection from the elements as necessary for health and well-being of such kind of animal;
(7) Abandon or leave any animal in any place without making provisions for its proper care; and
(8) These provisions shall not apply to the exceptions sanctioned under § 2-108.
(b) (1) In addition to the penalties provided in § 1-117 of this code, the Municipal Court Judge may order a person convicted of violation under this section to turn the animal involved over to a designated humane society.
(2) All such animals taken by the designated agency may be placed with another or more suitable person or destroyed humanely as soon thereafter as is conveniently possible.
(c) Violation of this section shall be considered a Class A misdemeanor, and the judge shall have the authority to remove the subject animal(s) temporarily or permanently.
(Ord. 1531, passed 10-21-2008)