(A) Generally.
(1) Cruelty to an animal is considered to exist whether “active” as in torture, torment, deprivation of necessary sustenance, failure to provide necessary veterinary care, use of physical blows (beating), mutilation (destruction of body parts), killing for any reason other than self-protection, or to protect another human or animal from injury, or in some way acting as a causative agent in the infliction of cruelty or passive cruelty as when there is any omission resulting in the occurrence of pain, suffering (from any cause), or death. Procedures performed by a licensed veterinarian, or a person operating an agricultural business, using generally accepted practices related to animal husbandry, at the request of the owner or veterinarian, which are cosmetic or for any other legitimate reason, other than to inflict bodily harm on the animal, is not cruelty.
(2) It shall be unlawful to be responsible for or to permit an act of cruelty toward an animal resulting in serious injury or death to the animal.
(3) No person shall expose any known poisonous substance, whether or not mixed with food, so it shall be liable to be eaten or drank by any animal. However, it will not be unlawful for a person to expose, on his or her property, poison to a common rat or mouse by mixing poison with any food substance.
(4) It shall be unlawful for anyone to neglect or willfully fail to provide food, potable drinking water, shelter or reasonable protection from the weather thereby inflicting unnecessary cruelty on any animal.
(5) If an animal is tied out, it shall be considered cruelly treated if it is hitched, tied or fastened by a choker collar which permits possible strangulation. The device securing the animal should be at least five times the length of the animal as measured from the nose to the base of the tail, allowing access to shelter, shade and freedom of movement. The device should be located in such a manner to prevent tangling.
(6) An individual lawfully live-trapping an animal must monitor their traps every 24 hours.
(7) It is also cruelty to leave an animal inside a vehicle in weather that is too extreme for the safety of the animal (hot or cold).
(8) It shall be considered cruel to deny an animal proper veterinary care.
(9) Any person who is legally hunting or trapping an animal cannot be charged with a violation of this chapter.
(B) Owner’s duties; impoundment.
(1) If animal control or a police officer observes an animal that appears to be sick or injured, the owner may be ordered to get veterinary care for said animal within 12 hours from the time notified to do so.
(2) Any animal observed by animal control officers or police officers to be in immediate danger may be removed from such situation by the quickest and most reasonable method available and impounded. Any veterinary care needed or provided to said animal shall be at the owner’s expense.
(3) In the event an animal is impounded by a police officer or animal control officer pursuant to this chapter and, in addition to any other penalty set out § 90.999(H) or court costs, the owner may be required to post a $300 bond with the Clerk of the Court in which the ordinance violation statute is filed for the costs associated with providing shelter for each impounded animal at an animal control facility or humane society. The cost for providing shelter shall be the amount approved annually by the Town Council. After disposition of the underlying case, the bond money posted will be deposited in the fund which the bill for the animal was paid from.
Penalty, see § 90.999