[Adopted 8-20-2015 by Ord. No. 15-22]
Any person operating a motor vehicle who hits, runs over or causes injury to any animal shall stop at once, ascertain the extent of the injury, render such assistance as may be possible, provided it can be accomplished safely and without danger to the motorist, pedestrians or other motorists, and promptly report to the nearest police station, police officer or the pound.
The motorist shall promptly report his name, address, operator's license and registration number and the location of the injured animal.
Definition. "Tethering" shall mean the restraining of an animal by the tying to any object or structure, including, without limitation, a house, tree, fence, post, garage, weight or shed, by any means, including, without limitation, rope, cord, leash or running line, but shall not include the use of a leash used to walk the animal or to forms of restraint used in the transportation of the animal.
It shall be unlawful for any person to tether, fasten, tie, restrain or cause any unattended dog to be fastened, tied or restrained to houses, trees, fences, garages, stakes or other stationary or highly immobile objects by means of a rope, strap or other physical restraint for the purpose of confinement, except in circumstances where all the following requirements are satisfied:
The tethering is for a total of no more than seven hours within a twenty-four-hour period, with a maximum of four hours at any one interval and a minimum period of one hour between confinements.
The tether is attached to the dog by a non-choke-type collar, swivels at both ends and is attached to the stationary object by anchors, latches or similar devices in a manner in which the dog is able to move freely and prevents the tether from becoming entangled around the dog or any object so as to limit the dog's freedom within the tethered area or to prevent the dog, or any of its appendages, from becoming entangled by the tether.
The tether shall be of a type commonly used for the size of the dog involved.
The construction of the tether shall be of a lightweight, yet durable, material, shall not exceed 20% of the animal's weight and may not be thicker than 1/8 inch.
The tether must be a minimum of 15 linear feet in length, less than six feet above the ground and shall remain tangle free.
The tethered dog has easy access to potable drinking water, edible food, dry ground and adequate shade and/or shelter within the tethering area.
The tethering area shall be clean, clear of obstructions and/or debris and no less than 150 square feet per dog in total area.
The dog, whether used for hunting, farming or breeding or is an otherwise working dog, is regularly monitored while tethered for the aforementioned period of time.
No dog shall be tethered by means of a choke-type, pinch-type, prong-type or improperly fitting collar.
Chains shall be prohibited for use as a tethering device.
If there are multiple dogs, each dog shall be tethered separately and in such a manner that the tethers shall not become entangled with each other.
No dog shall be tethered within five feet of another person's property, public thoroughfare and/or right-of-way.
No dog shall be tethered at a vacant structure or premises for any purpose when it is not monitored by a competent adult who is present at the property for the duration of such tethering.
Dogs that are not spayed or neutered shall not be tethered for any period of time.
No dog under the age of one or under 20 pounds shall be tethered.
No dog that is sick or injured shall be tethered.
No dogs shall be tethered between the hours of 10:00 p.m. and 6:00 a.m.
It shall be unlawful for any person to leave any animal outdoors and unattended for a continuous period of time greater than 1/2 hour if the National Weather Services has issued a weather alert or storm warning or if the temperature during such period is either below 32° F. or above 85° F. The animal shall be considered outside regardless of access to an outdoor doghouse or similar structure, unless such structure is a properly functioning climate-controlled and weather-resistant structure.
No animal shall be left outside during snowstorms, ice storms or thunderstorms.
No owner, caretaker, guardian or handler shall withhold proper shelter, light, space, protection from weather, veterinary care, and/or immune care from any animal.
No owner, caretaker, guardian or handler shall fail to provide his or her animal with sufficient edible food and potable drinking water on a daily basis. Food and water must be in an animal food consumption or water consumption type of container, feeder or waterer.
No animal shall be subjected to unnecessary suffering or cruelty, such as subjecting the animal to prolonged confinement, fear, injury, pain or physical abuse. Interaction with humans and other animals shall not be reasonably withheld.
No animal shall be confined in a parked or standing vehicle or enclosed trailer for a period of 15 or more minutes when the temperature during such period is either below 32° F. or above 85° F.
Animals shall be provided access to an enclosure/structure which protects them against inclement weather, is water resistant and keeps them dry, provides shade from direct sunlight and allows them to preserve a normal body temperature.
Animals shall not be housed on a temporary or permanent basis in any enclosure/structure constructed of metal, unless adequately insulated from inclement weather.
Outdoor animal enclosures, including pens, doghouses or other similar structures, shall be soundly constructed, safely and properly positioned on a raised platform and properly maintained. The top of the enclosure shall be covered to provide the animal with shade and protection from the elements. The floor of the enclosure shall be constructed in such a manner that it protects the animal's feet and legs from injury.
Pet taxis, plastic carriers, boxes, vari-kennels or metal houses shall not be acceptable as adequate outdoor enclosures.
Outside animal enclosures shall be no less than four feet in height, not less than 64 feet in square footage and must allow for the animal to freely turn around, stand, sit or lie in a normal position. The animal must be able to lie down while fully extended without the animal's head, tail, legs, face or feet touching any side of the enclosure. The interior height of the enclosure shall be at least six inches higher than the head of the animal in the enclosure when it is at a normal standing position.
Outdoor animal enclosures shall contain bedding, such as straw or other absorbent material, in a sufficient quantity to provide adequate insulation for the structure. Bedding shall be maintained in a dry condition and renewed or changed as necessary.
Outdoor animal enclosures shall be kept dry, clean and free of animal waste.
In addition to imposing penalties set forth in this chapter, and notwithstanding other seizure and impounding sections of the chapter, any officer or agent authorized or empowered to enforce and perform any duty under this chapter is hereby authorized to go upon any premises and seize for impounding any animal when such officer reasonably believes that any provision of this article has been violated, except upon the premises of the owner of the animal if the owner is present and forbids the entry of the officer or agent; then a warrant shall be issued according to law at the request of such officer or agent.
Prior to seizing any animal under this article, such officer or agent shall provide written notice to the owner, either in person or by posting such written notice upon the premises, of the nature of the violation and such.
Notice must contain an order to bring the violation into compliance within 24 hours of receipt of such notice.
If such animal has been seized for impounding pursuant to § 21-41, then the officer or agent shall notify the Health Officer immediately that he/she has seized and impounded the animal pursuant to § 21-41. If the identity of the owner is not known, then the officer shall, through a reasonable effort, attempt to determine the identity of the owner of any animal seized and impounded pursuant to § 21-41. If its owner cannot be identified within 14 days, then that animal shall be made available for adoption.
Any owner of any animal removed under this article may gain possession of the animal within 14 days upon an adequate showing to the confiscating officer or agent that the violation has been brought into compliance. Should an owner fail to adequately show that the violation has been brought into compliance within 14 days, then said animal shall be made available for adoption.
The owner of the seized animal pursuant to § 21-42 who is found by clear and convincing evidence to have violated this article, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's order, shall be subject to a fine of not less than $100 nor more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation.
Any fines or penalties imposed under this article shall be in addition to and not in lieu of any fines or penalties set forth in this chapter or pursuant to any other applicable law.