§ 90.030. ANIMAL NEGLECT.

(A) It shall be unlawful for any person owning, keeping or harboring any animal to fail, refuse or neglect to provide such animal with adequate food, water, shade, shelter, living environment, or veterinary care as may be necessary for diseased or injured animals. Any animal habitually kept outside or repeatedly left unattended outside shall be provided with a structurally sound, moisture-proof and wind-proof shelter large enough to accommodate and keep the animal reasonably clean, dry, and comfortable. Adequate food, water, shade, shelter, living environment and care shall mean:

(1) Food. Each animal shall at suitable intervals, and at least once every 24 hours, receive a quantity of wholesome foodstuff suitable for the species' physical condition and age, sufficient to maintain an adequate level of nutrition for the animal.

(2) Water. Each animal shall at all times have access to an adequate supply of clean, fresh, potable water for the species' physical condition and age, and such water shall be provided either free-flowing or in a receptacle. Snow or ice is not an acceptable water source. If water pans or dishes are used, such pans or dishes shall have weighted bottoms or be mounted or secured in a manner that prevents tipping.

(3) Shelter. Each animal shall have convenient access to adequate shelter throughout the year. Any artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements. It shall be of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation or drainage, does not comply with this section. The shelter and any other spaces accessible to the animal and all bedding for the animal shall be maintained in a manner which minimizes the risk of the animal contracting disease, being injured or becoming infested with parasites.

(4) Medical care. Each animal shall receive care and medical treatment for debilitating injuries, parasites, and disease, sufficient to maintain the animal in good health and to minimize suffering.

(5) Living environment. Any animal being confined in any sort of shelter or restrained in any way shall be provided space to walk and lie down in and said space shall have adequate drainage such that the animal shall be free to walk and lie down without coming into contact with standing water.

(6) Tethering. If any animal is restrained by a chain, leash, wire cable, or similar restraint, such restraint shall be designed and placed to prevent the choking or strangulation or entanglement with other objects. Any tethering device must be attached to a properly fitting collar or harness. Choke chain collars, prongs or pinch collars, or any collar devised for training so that it chokes or pinches the animal when pulled is prohibited for the purposes of tethering an animal. The tethering device must be at least ten feet in length, but shall not allow the animal to leave the property on which it is tethered.

(7) Enclosure.

(a) If any animal is kept in an enclosure, the enclosure shall be constructed in a manner and of material designed to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition. When a dog is confined outside a residence, the following minimum space requirements shall be used:

Size of Dog	Enclosure Size (sq. ft)
Extra large (over 75 lbs.)	48
Large (not over 75 lbs.)	40
Medium (not over 50 lbs)	32
Small (not over 20 lbs.)	24

(b) An additional 16 square feet shall be required for each dog sharing a pen with another.

(B) Leaving animals in unattended vehicle. It shall be unlawful for any person to place or confine an animal or allow an animal to be confined in a motor vehicle or trailer in such a manner or under such conditions or for such periods of time as to endanger the health or well-being of the animal including, but not limited to, extremes of heat or cold, lack of food or water, or any other circumstances which may cause suffering, disability, injury or death.

(C) Abandonment of animals. It shall be unlawful for any person to abandon any animal within the City. Abandonment shall mean leaving an animal for a period of time in excess of 24 hours without appropriate provisions having been made for the feedings, watering, and care of such animal, or leaving an animal unattended with the intent to discontinue care and maintenance of the animal.

(D) Authority to remove and impound. If the Lead Animal Control Officer reasonably believes that a violation of this section exists, said Officer is hereby authorized and empowered to seek a warrant from the appropriate court to enable the Officer to enter private property in order to inspect, care for, or impound the animals which show signs of animal neglect or abuse.

(E) Owner's cost. Any person or persons violating this section shall bear full cost and expenses incurred by the City in the recovery, care, medical treatment, impoundment cost and disposal of said animals, including removal from a motor vehicle or trailer.

(F) Animal seizure. Whenever an animal has been seized pursuant to a warrant issued by the court, the release or disposition of the animal shall be within the sound discretion of the court. Upon conviction of the owner for a violation of this section, the court may order that the animal be destroyed in a humane fashion, and any such impoundment or disposal costs incurred by the City shall be taxable to the person so convicted.

(‘63 Code, § 6-2-15) (Ord. 97-16, passed 8-4-97; Am. Ord. 06-36, passed 12-18-06) Penalty, see § 90.999