Cruelty to animals.
(A) Infliction of pain or death. No person shall knowingly or unknowingly, intentionally or maliciously kill, injure or inflict pain or suffering on any animal. No person shall permit, by neglect or inaction, the death or injury or infliction of pain or suffering on any animal. No person shall beat, cruelly treat, torment, overload or otherwise abuse or kill an animal or cause, instigate or permit any fight between animals or between animals and humans, or attend such fights. Any person convicted of violating this section shall be guilty of a misdemeanor.
(B) Proper food and shelter. No owner or person with the custody of an animal for more than 12 consecutive hours shall fail to provide the animal with sufficient wholesome and nutritious food, water in sufficient quantities, proper air, shade or shelter space, protection from the weather, veterinary care as needed to maintain health and prevent suffering, and other humane care and treatment. Any person convicted of violating this section shall be guilty of a misdemeanor.
(1) Shade shall mean protection from the direct rays of the sun during the months of June to September. (Reference M.S. § 343.40 Subd. 2)
(2) Shelter shall mean a moisture-proof and wind-proof structure of suitable size to accommodate the animal and allow retention of body heat. It shall be made of durable material with a solid, moisture-proof floor or a floor raised at least two inches from the ground. Between November 1 and March 31 the structure must have a windbreak to the entrance. The structure shall be provided with sufficient quantity of suitable bedding material consisting of hay, straw, cedar shavings, blankets or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat. (Reference M.S. § 343.40 Subd. 2)
(3) All pens, yards or runs, or other structures wherein any animal is kept shall be of such construction so as to be easily cleaned and maintained and shall be maintained in good repair. Fences which are intended as enclosures for any animal shall be securely constructed, adequate for the purpose, and kept in good repair, in compliance with all ordinances.
(C) Abandonment. No person shall abandon any animal which the person owns or is in the person's custody. In this context, abandon means to leave the animal unattended for more than 48 consecutive hours, or without food, water or shelter for than 12 hours. Any person convicted of violating this section shall be guilty of a misdemeanor.
(D) Poisoning. No person shall expose any known poisonous substance, whether mixed with food or not, so that a reasonable person would know that such substance probably cause animals to be attracted thereto, eat thereof and be poisoned thereby; provided, however, this substance does not make unlawful the poisoning of rats and mice with commercial rat poison with vegetable substances. Any person convicted of violating this section shall be guilty of a misdemeanor.
(E) Animals as prizes. No person shall give away any live animal, fish, reptile or bird as a prize for, or as an inducement to enter, any contest, game or other competition, or as an inducement to enter any place of amusement, or as an incentive to enter into any business agreement where the offer was for the purpose of attracting trade. Any person convicted of violating this section shall be guilty of a misdemeanor.
(F) Confinement in vehicles. No person shall confine an animal within a parked, closed vehicle, without allowing cross-ventilation. Under no circumstances shall a person confine any animal in any parked, closed vehicle on any public street or way for more than 30 minutes, or where the temperature in the vehicle exceeds 90º Fahrenheit. Any animal control or peace officer observing an animal kept in violation of this section may enter the vehicle and impound the animal. In addition to all other defenses and immunities provided by law, any such officer making entry for the purpose of this section is immune from the suit or liability, criminal or civil, for, caused by, or arising out of such entry. Any person convicted of violating this section shall be guilty of a misdemeanor.
(G) Protective custody.
(1) Any animal found receiving inhumane treatment may be removed and impounded at the expense of the owner.
(2) Any animal whose life reasonably appears to be endangered may be so removed and impounded, whether or not the owner is present. The person who caused the life of the animal to be endangered shall be responsible for the expenses of removal and impounding.
(H) Exceptions to this division. Nothing in this division shall be deemed to prohibit any action by a licensed veterinarian done in accordance with accepted standards of veterinary medicine. Nothing in this division shall be interpreted as prohibiting any act done in self-defense or to defend another person.
(I) Enforcement. An Animal Control Officer or police officer may issue a citation to the owner of any animal and/or remove any animal from any premises if the welfare of that animal is threatened due to a violation of this section.
(J) Reclaiming neglected/abused animals. Any animal removed from any premises pursuant to this division, may be reclaimed by the owner within five working days for the time the animal was taken, provided all conditions for which the animal was removed have been corrected. The owner shall also be liable for payment of all boarding fees to the city. Any animal not reclaimed within the time allowed maybe disposed of in the manner prescribed by § 90.08(H).
(Ord. 980, passed 8-22-05)