§ 6-35. Neglecting/abandoning animals/animals confinement.

(a)

It shall be unlawful for any person to neglect or abandon an animal. For purposes of this section, it shall be considered neglect or abandonment if one (1) or more of the following occurs:

(1)

Failing to provide any one (1) of the following: sufficient potable water; sufficient wholesome food; adequate shelter with a sufficient, level floor, at least three (3) structurally sound walls and a solid roof to protect the animal from the weather, extreme temperature (hot or cold) and direct sunlight; current and active veterinary care/treatment to prevent suffering; sufficient exercise and wholesome exchange of air.

(2)

Keeping an animal in an enclosure which prevents the animal from fully extending its limbs, standing fully erect, fully turning around, sitting and lying down without obstruction, and without wholesome change of air. Nothing in this section is meant to restrict the use of a crate or enclosure that allows an animal sufficient space to fully extend all limbs, stand fully erect, fully turn around, and to sit and lie down without obstruction. Nothing in this section is meant to prohibit the transport of animals in "airline crates" or to prohibit the temporary use of a crate that may restrict an animal from fully extending its limbs, standing fully erect, fully turning around, sitting and lying down without obstruction while cleaning the enclosure; to separate animals while feeding while in attendance at or while actively training an animal for a recognized show, event or exhibition.

(3)

Placing or confining an animal or allowing it to be placed or confined or to remain in an unattended vehicle without sufficient ventilation or for such a period of time as may reasonably be expected to endanger the health or well-being of such animal due to heat, lack of water or such other circumstances as may be expected to cause suffering, debility or death.

a.

A police officer or animal control officer who finds an animal in a vehicle in violation of this section may enter the vehicle by using the amount of force reasonably necessary to remove the animal. An officer or animal control officer who acts in substantial compliance with the provisions of this section shall be immune from civil and criminal liability; and the city shall also be held immune from civil liability.

(4)

Caging or confining an animal and failing to supply the animal, during such caging or confinement, with sufficient water, with sufficient space to stand fully erect on all legs and/or to turn completely around within the cage or confinement and with sufficient wholesome food.

(5)

Leaving the animal upon or beside any street, road or other public or private place.

(6)

Forsaking entirely and leaving to die any animal that is maimed, sick, infirm or diseased.

(7)

Allowing an animal to live in extreme filth, excessive feces, unsanitary conditions, obnoxious odors such as urine and feces.

(b)

Violations.

(1)

A violation of this section shall subject the violator to a civil fine of two hundred fifty dollars ($250.00) per animal per occurrence plus a five dollar ($5.00) surcharge; or

(2)

A notice to appear can be issued by a police officer if the party involved has previous similar violations.

(Ord. No. 2017-01 , 2-6-17; Ord. No. 2017-06 , 4-3-17)