(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE SHELTER.
(a) For dogs that are restrained in any manner outdoors, shade by natural or artificial means to protect the dog from direct sunlight at all times when exposure to sunlight is likely to threaten the health of the dog; and
(b) For all dogs that are left outdoors in inclement weather, a housing facility, which must:
1. Have a water-proof roof;
2. Be structurally sound with insulation and ventilation appropriate to local climatic conditions and sufficient to protect the dog from inclement weather and be adequate to protect the animal from exposure below 50°F or above 85°F;
3. Be constructed to allow each dog adequate freedom of movement to make normal postural adjustments, including the ability to stand up, turn around and lie down with its limbs outstretched; and
4. Allow for effective removal of excretions, other waste material, dirt and trash from the hosing facility and the area immediately around the facility.
DOGS THAT ARE LEFT OUTDOORS. Dogs that are outdoors in inclement weather without ready access to, or the ability to enter, a house, apartment building, office building or any other permanent structure.
INCLEMENT WEATHER. Weather conditions that are likely to adversely affect the health or safety of the dog, including, but not limited to, rain, sleet, ice, snow, wind or extreme heat and cold.
(B) Regulations.
(1) Any person who owns or has custody or control of a dog that is left outdoors shall provide it with adequate shelter appropriate to its breed, physical condition and the climate.
(2) Nothing in this section shall prevent the seizure of a dog for a violation of this section pursuant to the authority granted in this chapter. A dog may be seized for a violation of this section even if the dog is healthy and unharmed.
(C) Impounding of dogs. Upon the impounding of any dog or other animal, the enforcement agent shall immediately give the owner or custodian notice of the impounding, either personally or by certified mail, addressed to the owner or custodian’s last known address if the owner or custodian is known or can be ascertained by reasonable investigation.
(Ord. 919, passed - -2011; Ord. 960, passed - -2017) Penalty, see § 90.99