§ 1-4-34. Cruelty to animals.

(a)

It is a violation of this article to commit an act or omission of cruelty on any animal, or cause any act of cruelty to be committed to any animal. It is a violation of this article for a person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily or cruelly beats, mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner.

The following shall be considered acts of cruelty:

(1)

To impound or confine any animal in any place without a sufficient quantity of good, wholesome food and water; to keep any animal in any enclosure without wholesome exercise and change of air; to abandon to die any animal that is maimed, sick, infirm or diseased.

(2)

Any person who is the owner or possessor, or has charge or custody of any animal who commits the above acts upon any animal or who abandons such animal to suffer injury or malnutrition or abandons any animal in a street, road or public place without providing for the care, sustenance, protection, and shelter of such animal shall be in violation of this article.

(3)

It shall be unlawful for a keeper, harborer, or owner to tether a dog while outdoors, unless all of the following conditions are met:

a.

The tether is connected to the dog with a buckle-type collar or a body harness;

b.

The tether is at least five (5) times the length of the dog's body, as measured from the tip of the nose to the base of the tail;

c.

The dog is tethered to prevent injury, strangulation, or entanglement;

d.

The dog is sheltered from prolonged exposure to extreme temperatures, heat (sun) or cold (freeze), and adverse weather conditions such as thunderstorms, tornadoes, tropical storms, or hurricanes;

e.

The dog does not have prolonged exposure to extreme weather elements involving heat or freezing temperatures;

f.

The dog has access to water, shelter and dry ground;

g.

The dog is at least four (4) months of age;

h.

The dog is not sick or injured;

i.

The dog is tethered in such a manner so as not to restrict its movement and, if multiple dogs, separately from other dogs.

(b)

It is a violation of this article for any vehicle owner, passenger or operator to place or confine an animal or allow it to be placed or confined or to remain in an unattended vehicle without sufficient ventilation or under conditions 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, disability or death.

(1)

Any officer who finds an animal in a vehicle in violation of this article may enter the vehicle by using the amount of force which is reasonably necessary to remove the animal. Neither the officer nor the county shall be liable for any damage reasonably related to the removal of the animal under this section. The officer is authorized to impound and dispose of such animal in the manner provided for in this article.

(2)

Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purposes.

(c)

It shall be unlawful for any person to encourage or permit any animal to engage in animal fighting or baiting for amusement or gain, including:

(1)

Knowingly owning, managing or operating a property or facility kept or used for animal fighting or baiting or equipment used in such fights;

(2)

Breeding, owning, possessing, keeping, training, transporting, purchasing or knowingly selling any animal for animal fighting or baiting.

(3)

Promoting, staging, advertising, wagering on or charging an admission fee to attend animal fighting or baiting between two (2) or more animals;

(4)

Performing any service or act to facilitate animal fighting or baiting, including, but not limited to, providing security, refereeing, handling or transporting animals or being a stakeholder of any money wagered on animal fighting or baiting;

(5)

Attending such fighting or baiting as a spectator, whether or not one has paid an admission fee to do so.

(Ord. No. 98-070, § 12, 12-1-98; Ord. No. 2006-062, § 8, 6-27-06; Ord. No. 2012-023, § 1, 6-12-12)