(A) Each owner shall provide for each of his or her animals:
(1) Sufficient quantity of good quality, wholesome food and water;
(2) Adequate shelter and protection from the weather;
(3) Veterinary care when needed to prevent suffering; and
(4) Humane care and treatment.
(B) No person or owner may beat, cruelly treat, torment, starve, overwork or otherwise abuse any animal.
(C) No owner may abandon any animal where it may become public charge or may suffer injury, hunger or exposure.
(D) Upon receiving a complaint of suspected violation of this section, any law enforcement official, including the Administrator, Deputy Administrator or animal control warden, may, for the purpose of investigating the allegations of the complaint, enter during normal business hours, upon any premises where the animal or animals described in the complaint are housed or kept, provided entry shall not be made into any building which is a person’s residence, except by search warrant or court order. Institutions operating under federal license to conduct laboratory experimentation, utilizing animals for research or medical purposes are, however, exempt from the provision of this section. State’s Attorneys and law enforcement officials shall provide assistance as may be required in the conduct of investigations.
(E) If an investigation under this section discloses that a violation of this chapter has been committed, the County Animal Control Department shall furnish the violator, if known, with a notice of violation, and state what action is necessary to come into compliance with this section, and that a maximum of 48 hours may be granted in which to take corrective action. If the violator fails or refuses to take corrective action necessary for compliance, or if the violator is still unknown after an attempt to identify ownership, the County Animal Control Department shall contact the State Department of Agriculture and request authorization to impound the animal or animals. The Department of Agriculture will authorize impoundment if a review of the facts gathered by the Animal Control Department indicates a violation of this section has occurred and the violator if known has failed or refused to take corrective action. The notice of impoundment shall include the following:
(1) An animal report number;
(2) Listing of deficiencies noted;
(3) An accurate description of the animal or animals involved;
(4) Date on which the animal or animals were impounded;
(5) Signature of the county animal control representative; and
(6) A statement that the violator may request a hearing to appeal the impoundment. A person desiring a hearing shall contact the County Animal Control Department within seven days from the date of impoundment and the County Animal Control Department will hold an administrative hearing within seven days after receiving a request to appeal the impoundment. If the hearing cannot be held prior to the expiration of the seven-day impoundment period, the County Animal Control Department cannot sell, offer for adoption or dispose of the animal or animals until a final decision is rendered and all of the appeal processes have been expired.
(F) Any expense incurred in impoundment becomes a lien on the animal and must be discharged before the animal is released from the facility.
(G) Any person convicted of violating division (A) or (C) above is guilty of a Class C misdemeanor. A second conviction for violation of division (B) or (C) above is a Class B misdemeanor. A third or subsequent conviction for a violation of § 90.99(B) or (C) is a Class A misdemeanor.
(H) No owner or person shall confine any animal in a motor vehicle in a manner that places it in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from heat or cold. In order to protect the health and safety of the animal, an animal control officer or law enforcement officer who has probable cause to believe that this section is being violated shall have authority to enter the motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or person.
(1980 Code, § 90.23) (Res. 99-61, adopted 2-18-1999; Res. 06-122, adopted 3-16-2006) Penalty, see § 90.99