§ 91.24  CRUEL TREATMENT.
   Mistreatment of animals; prohibited acts. All animals shall be kept and treated under sanitary and humane conditions, and it shall be unlawful for any person to subject, or cause to be subjected, any animal to cruel treatment. It shall likewise be unlawful for any person to deprive, or cause to be deprived, any animal of adequate food and water, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions.
   (A)   Food, water, and shelter shall be provided as follows:
      (1)   All animals shall be given at suitable intervals, not to exceed 24 hours, a quantity of wholesome foodstuff suitable for the age and species of the animal and sufficient to maintain a reasonable level of nutrition.
      (2)   All animals shall have access to a constant supply of clean, fresh water.
      (3)   All animals shall be provided with adequate shelter from the weather and humanely clean conditions at all times. Examples of inadequate shelter include but are not limited to the following:
         (a)   Underneath outside steps, decks and stoops.
         (b)   Underneath houses.
         (c)   Inside or underneath motor vehicles.
         (d)   Inside metal barrels.
         (e)   Inside cardboard boxes.
         (f)   Inside temporary animal carriers or crates.
         (g)   Shelters located in flood prone areas.
         (h)   1.   Shelters that cannot be accessed by the animal for any reason.
            2.   The following list is a non-exhaustive illustration of situations that violate this provision:
               A.   A shelter surrounded by debris, obstructions, or impediments that may endanger an animal.
               B.   A shelter that is overturned or turned on its side.
               C.   A shelter that cannot be accessed because the animal's tether or chain does not allow entry.
   (B)   Animal cruelty. It shall be unlawful for any person to intentionally molest, torture, torment, deprive of necessary sustenance, cruelly beat or treat, needlessly mutilate or kill, wound, injure, poison, abandon or subject any animal to conditions detrimental to its health or general welfare or to procure any such actions to be inflicted upon any animal. Examples of cruel treatment include but are not limited to the following:
      (1)   Allowing a collar, rope or chain to become embedded in or cause injury to an animal’s neck.
      (2)   Allowing a choke or pinch collar to be used as a primary collar when the animal is left unsupervised.
      (3)   Allowing a dog, cat or other domesticated pet to be left outside in inclement weather or extreme temperatures without adequate shelter.
      (4)   Intentionally allowing animals to engage in a fight.
      (5)   Confinement in unsanitary conditions. An UNSANITARY CONFINEMENT AREA is any confinement area that does not allow for the animal to sit down, lie down, or stand, without doing so in urine, feces, mud, or standing water.
      (6)   Allowing animals to live in crowded conditions. Each animal must be able to sit, stand, lie down, and turn around without interference from other animals or objects.
      (7)   Failure or refusal to obtain medical treatment for an animal when, in an Animal Services Officer’s or Animal Cruelty Investigator’s opinion, such treatment is needed.
      (8)   Using lethal force against an animal, either on or off the owner’s property, unless (a) the animal is in the act of attacking and causing severe injury to a human being or any other domestic animal, or unless (b) a human is reasonably afraid the animal is about to attack and cause injury to a himself, herself, or another, or unless (c) the animal has, or appears to have rabies.
      (9)   Permitting any exhibit, function or activity where animals are being cruelly treated or animals run the risk of causing injury to the public or themselves.
(Ord. 20-O-031, passed 3-9-2020)  Penalty, see § 91.99