8.11.070 Cruelty to animals.

The following, singly or together, are deemed to constitute cruel treatment to animals. Therefore, it is unlawful for any person, firm, or corporation to:

(1)    Wilfully and cruelly kill, injure, poison, torture or torment any animal;

(2)    Intentionally or negligently cause or allow any animal to endure pain, suffering or injury, or to fail or neglect to aid or attempt to alleviate pain, suffering or injury, including not providing needed veterinarian care, he has so caused to any animal;

(3)    Neglect or fail to provide minimum care to any animal within his care, custody or control. 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 (24) consecutive hours, food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;

(b)    In each period of twenty-four (24) consecutive hours, 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 pet or domestic animals, access 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, protection from adverse environmental elements detrimental to the health and well-being of the animal;

(e)    Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease;

(f)    Animals shall not 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 animals to rest. The air temperature in a confinement area must be suitable for the animal involved. The confinement area must be kept reasonably clean and free from excess waste or other contaminants which could affect the animal’s health;

(4)    To leave a dog outdoors and unattended by use of a tether such as a chain, rope, cord, or other device used to tie an animal to a running cable or pulley system, or to a stationary object:

(a)    For more than ten (10) hours within a twenty-four (24) hour period;

(b)    During any inclement weather such as snow or freezing rain;

(c)    When the tether is less than five (5) times the length of the dog (from the tip of its nose to the base of its tail), or a minimum of ten (10) feet and of sufficient weight not to put undue drag on the dog;

(d)    When the tether is used as a restraint for more than one dog at the same time;

(e)    That restricts the dog’s access to adequate shelter and shade;

(f)    That renders the dog incapable of consuming fresh food and water provided for it; and

(g)    That gives the dog any access to any public right-of-way.

Any tether, fastener, chain, tie or other restraint permissible under this section must be attached to a properly fitted body harness with enough room between the collar and the dog’s throat through which two (2) fingers may fit. Choke, pinch or prong type collars may not be used for tethering, fastening, chaining, tying or otherwise restraining a dog.

Nothing in this section shall prevent the tethering or otherwise restraining of a dog pursuant to the requirements of a camping or recreational area; or the tethering or otherwise restraining of a dog while engaged in, or training for, an activity related to use of the dog as a service dog or by any military or law enforcement agency;

(5)    Abandon any animal by dropping off or leaving said animal on the street, road, or highway, or in a public place, or the private property of another person, firm or corporation;

(6)    Confine an animal within or on a motor vehicle or other enclosure or structure 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 a vicious animal;

(7)    Knowingly place food of any description containing poisonous or other injurious ingredients in any area reasonably likely to be accessible to domesticated animals or livestock;

(8)    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 injured by any animal, or 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;

(9)    Transport or confine any living animal on the outside part of a motor vehicle except when attached to or enclosed in the vehicle by a harness, leash, cage or other enclosure which protects the animal from falling or being thrown from the vehicle 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;

(10)    Sell or offer for sale or to give away, or display any living baby rabbits, chicks, ducklings or other fowl which have been dyed, colored or otherwise treated so as to have an artificial color;

(11)    Abandon or transfer to another person by gift, sale or exchange for consideration any animal while on public property;

(12)    Trap any 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. “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. (Sec. 1 of Res. 1981-04-108; amended by Sec. 26 of Res. 1984-12-65; amended by Sec. 4 of Ord. 1986-10-49; amended by Sec. 1 (Att. A) of Ord. 2009-07-01; amended by Sec. 2 of Ord. 2012-05-22)