Chapter 6.30
CRUELTY AND NEGLECT OF ANIMALS
Sections:
6.30.010 Cruelty prohibited – Classification – Penalty.
6.30.020 Neglect prohibited – Classification – Penalty.
6.30.030 Protection of animals by the town.
6.30.040 Animal hoarding prohibited – Exception – Definitions – Classification – Penalty.
6.30.010 Cruelty prohibited – Classification – Penalty.
A. It is unlawful for a person having care, control, charge, or custody of any animal, either as owner or otherwise, to:
1. Overdrive, overload, overwork, torture, torment, cruelly beat, mutilate or unlawfully kill the animal.
2. Cause or procure an animal to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, cruelly beaten, mutilated or killed.
3. Inflict unnecessary cruelty upon the animal.
4. Cruelly drive or work the animal when unfit for labor.
5. Cruelly abandon the animal.
6. Carry or cause the animal to be carried in or upon a vehicle or otherwise, in an unnecessarily cruel or inhumane manner.
7. Knowingly and willfully authorize or permit the animal to be subjected to unreasonable or unnecessary torture, suffering or cruelty of any kind.
B. Violation of this section is a class 1 misdemeanor.
C. Upon conviction of a violation of this section, in addition to any other penalty imposed by the magistrate, the magistrate may order that the owner of the animal shall not be permitted to own or control any animal for a period of up to three years and that the animal(s) which is the subject of this action be forfeited to the town enforcement agent. [Ord. 2017-123 § 1.]
6.30.020 Neglect prohibited – Classification – Penalty.
A. The purpose of this section is to guarantee that animals under human custody or control are housed in healthy environments and are provided with proper food, water, shelter, medical care, exercise space, and ventilation.
B. Any person owning or having care, control or custody of any animal, either as owner or otherwise, shall provide:
1. That the animal receives daily food that is free from contamination and is of sufficient quantity and nutritive value to maintain the animal in good health;
2. That potable water is accessible to the animal at all times, either free-flowing or in a clean receptacle;
3. That, except for livestock, all animals have convenient access to natural or artificial shelter throughout the year. Any such artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements and 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 chapter. Any shelter, all bedding and any spaces accessible to 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. That the animal receives care and medical treatment for debilitating injuries, parasites and diseases sufficient to maintain the animal in good health and minimize suffering;
5. That the animal is given adequate exercise space within an enclosure that shall be constructed of material and in a manner to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition, but, with the exception of temporary tethering of horses, the use of tieouts such as chains, leashes, wires, cables, ropes, or similar restraining devices for the purpose of animal confinement is hereby prohibited;
6. That the animal has access to adequate ventilation and is protected from temperature extremes at all times. In this connection, it is unlawful for any person to keep any animal in a vehicle or other enclosed space in which the temperature is either so high or so low, or the ventilation is so inadequate, as to endanger the animal’s life or health.
C. Violation of this section is a class 1 misdemeanor.
D. Upon conviction of a violation of this section, in addition to any other penalty imposed by the magistrate, the magistrate may order that the owner of the animal shall not be permitted to own or control any animal for a period of up to three years and that the animal(s) which is the subject of this action be forfeited to the town enforcement agent. [Ord. 2017-123 § 1.]
6.30.030 Protection of animals by the town.
A. Any peace officer, animal control officer, or other designated town enforcement agent is authorized to use whatever force is reasonable and necessary to remove any animal from a vehicle or other enclosed space whenever it appears that the animal’s life or health is endangered by extreme temperatures or lack of ventilation within the vehicle or other enclosed space.
B. No peace officer, animal control officer, or other designated town enforcement agent shall be liable for damages to property caused by the use of reasonable force to remove an animal from such a vehicle or other enclosed space under such circumstances.
C. Any peace officer, animal control officer, or other designated town enforcement agent is authorized and empowered to remove and impound any animal in plain view and suffering from life-threatening exigent circumstances. The owner of any animal removed and impounded under the provisions of this chapter shall be liable for any impoundment, boarding or veterinary fees incurred in connection therewith.
D. Any of the provisions of this chapter may be waived as dictated by treatment under the direction of a licensed veterinarian.
E. An owner of an animal charged with a violation of this chapter shall produce that animal for inspection or impoundment upon the request of the designated town enforcement agent. All owners shall be responsible for any and all applicable impoundment and boarding fees in connection therewith. [Ord. 2017-123 § 1.]
6.30.040 Animal hoarding prohibited – Exception – Definitions – Classification – Penalty.
A. No person shall own, possess, keep, harbor, or maintain 10 or more animals under circumstances injurious to the health or welfare of any animal or person. Circumstances injurious to the health or welfare of any animal or person may include, but are not limited to the following:
1. Unsanitary, overcrowded, or other inhumane conditions; or
2. Failure to provide appropriate medical care; or
3. Failure to provide suitable water or food for the species; or
4. Abandonment.
B. Feral cats that are not domesticated, have become wild, or are free roaming shall not be considered owned, possessed, kept, harbored, or maintained for the purposes of this section.
C. Violation of this section is a class 1 misdemeanor.
D. Upon conviction of a violation of this section, in addition to any other penalty imposed by the court, the town magistrate may order one or more of the following:
1. That the person complete a court-approved mental health evaluation and any recommended treatment at the convicted person’s expense.
2. That the person shall not be permitted to own, possess, keep, harbor, or maintain any animal for a period of up to three years.
3. That the person submit to periodic property inspections by any town enforcement agent. [Ord. 2017-123 § 1.]