8.24.180 Cruelty to animals.
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The following, singly or together, are deemed to constitute cruel treatment to animals. Therefore, it is unlawful for any person to:
1. Willfully and cruelly kill, injure, poison, torture or torment any animal;
2. Intentionally or negligently cause or allow any animal to endure pain, suffering, injury or to fail or neglect to aid or attempt to alleviate pain, suffering or injury which the person has caused to any animal. Such aid shall include provision of needed veterinary care;
3. Neglect or fail to provide minimum care to any animal within the person's care, custody or control; provided that for the purpose of this section, "minimum care" means care sufficient to preserve the health and well-being of an animal and except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to, the following requirements:
a. In each period of twenty-four consecutive hours, to provide food of sufficient quantity and quality to allow for normal growth or maintenance of body weight,
b. In each period of twenty-four consecutive hours, to provide open or adequate access to potable water in sufficient quantity to satisfy the animal's needs. Neither snow nor ice is an adequate water source,
c. In the case of pets or domestic animals, to provide to a barn, dog house or other enclosed structure sufficient to protect the animal from wind, rain, snow or sun and which has adequate bedding to protect against cold and dampness,
d. In the case of livestock, to provide protection from adverse environmental elements detrimental to the health and well-being of the animal,
e. To provide veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease,
f. No animal shall be confined to an area without adequate space for exercise necessary for the health of the animal or which does not allow access to a dry place for the animal to rest. The air temperature in a confinement area must be suitable for the animal involved. Confinement area must be kept reasonably clean and free from excess waste or other contaminants which could affect the animal's health;
4. Tether, confine or restrain any animal in such a way as to permit said animal to become frequently entangled in such tether, or to render such animal incapable of consuming food or water or of using the shelter provided for it; while at the same time allowing adequate space for freedom of movement necessary when tethered for extended periods of time; provided, that there shall be a rebuttable presumption that restraint of an animal on a tether of less than three times the length of the animal measured from the tip of its nose to the base of its tail is cruel treatment;
5. Abandon any animal by dropping off or leaving such animal on a street, road or highway, or in a public place, or on the private property of another person; excluding cats returned to their original location as part of a community cat program.
6. Confine an animal within or on a motor vehicle or other enclosure or structure at any location when unattended and under such conditions as may endanger the health and well-being of the animal. Such conditions include, but are not limited to, dangerous temperature, lack of food or water and confinement with an animal which engages in vicious behavior;
7. Transport or confine any living animal on the outside part of a motor vehicle except where attached to the vehicle by a harness, leash, cage or other enclosure so as to protect the animal from falling or being thrown therefrom and which prevents the animal from leaving the vehicle while unattended. The outside part of a motor vehicle includes the running board, fender or hood of any motor vehicle or the flatbed of a truck and/or the open portion (bed) of a pickup truck;
8. Place any food, drink or other substance of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to domestic animals or livestock;
9. Knowingly and intentionally, whether for amusement of self or others, or for financial gain, cause any animal to fight or injure any other animal, cause it to be fought or be injured by any animal or to train or keep for the purpose of training any animal with the intent that the animal shall be exhibited combatively with any other animal. Anyone who permits such conduct on premises under that person's control, and any person present as a spectator at that exhibition shall be considered a violator of this subsection and subject to punishment upon conviction;
10. Sell or offer for sale or to give away any living baby rabbits, chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so as to have an artificial color; provided, that this shall not prohibit the sale or display of natural baby chicks, rabbits, ducklings or other fowl in proper brooder facilities or stores engaged in selling them for commercial purposes;
11. Abandon or transfer to another person by gift, sale or exchange for consideration, any animal in or upon any sidewalk, street, alley, lane, public right-of-way, park or any other public property except when the transfer takes place to a sale conducted by a public body or public officer, when the transfer takes place at an animal show or exhibition conducted by or for persons who regularly engage in the practice of breeding animals for show or exhibition, or when one of the parties to the transfer is a member of an animal welfare organization and is acting on behalf of the animal welfare organization or when a cat is returned to its original location as part of a community cat program.
12. To trap any pet or domestic animal with a device other than a humane live animal trap.
Any practice of good animal husbandry is not a violation of this section. For purposes of this section, “good animal husbandry” includes, but is not limited to, the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock, according to accepted practices of veterinary medicine or animal husbandry. (Ord. M-2656 § 6, 1986: Ord. M-2397 § 19, 1983; Ord. M-4188, Amended, 12/19/2016, Sec 5-Effective 1/19/2017; Ord. M-4043, Amended, 02/25/2013, Sec 12 - Effective 03/29/2013)