(a) 
Animals left in parked vehicle.
It shall be unlawful for any person to leave any animal in any standing or parked vehicle in such a way as to intentionally, knowingly, recklessly, or with criminal negligence endanger the animal’s health, safety or welfare. An animal control officer or police officer is authorized to use reasonable force to remove the animal from the vehicle whenever it appears that the animal’s health, safety or welfare is or will be endangered if the owner of the vehicle cannot be located after reasonable attempts. The animal shall be taken to the animal shelter or to a veterinarian if the animal is in distress. A written notice bearing the name of the officer removing the animal, a telephone number where he can be contacted and the location where the animal may be claimed by the owner shall be attached to the vehicle. Any person violating this section shall bear the full cost and expense incurred by the city in the care, medical treatment, impoundment cost and disposal of the animal, including the removal from a vehicle, in addition to any criminal penalty that may be imposed under this section.
(b) 
Animals left unattended because of traffic accident or other incident.
Instances where occupants of motor vehicles are involved in a traffic accident or other vehicle-related incidents which result in animals being left uncontrolled or unattended, animal control or police officers of the city are authorized to take welfare custody of such unattended animals. In the interest of the health, safety or welfare of such animals, officers are authorized to transport such animals to the city’s kennel facility, a veterinarian, a humane shelter, or an animal emergency clinic. Information shall be provided to the animal’s owner as to the animal’s disposition. Animal owners shall bear the full cost and expense incurred by the city in the care, medical treatment, impoundment costs or other associated costs.
(Ordinance 04-01-12 (12), ex. A (2.301), adopted 2/9/04)
(a) 
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:
Adequate shelter.
A sturdy structure:
(1) 
That provides the dog protection from rain, hail, sleet, snow, and subfreezing temperatures; and
(2) 
With dimensions that allow the dog while in the shelter to stand erect, sit, turn around, and lie down in a normal position.
Collar.
A band constructed of nylon, leather, or similar material, specifically designed to be placed around the neck of a dog.
Harness.
A set of straps constructed of nylon, leather, or similar material, specifically designed to restrain or control a dog.
Owner.
A person who owns or has custody or control of a dog.
Properly fitted.
With respect to a collar or harness, a collar or harness that:
(1) 
Is appropriately sized for the dog based on the dog’s measurements and body weight;
(2) 
Does not choke the dog or impede the dog’s normal breathing or swallowing; and
(3) 
Is attached around the dog in a manner that prevents the dog from escaping and does not cause pain or injury to the dog.
Restraint.
A chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system.
(b) 
Unlawful restraint of dog; offense.
(1) 
An owner may not leave a dog outside and unattended by use of a restraint unless the owner provides the dog access to:
(A) 
Adequate shelter;
(B) 
An area that allows the dog to avoid standing water and any other substance that could cause harm to the health of a dog subjected to prolonged exposure to the substance, including feces or urine;
(C) 
Shade from direct sunlight; and
(D) 
Potable water.
(2) 
An owner may not restrain a dog outside and unattended by use of a restraint that:
(A) 
Is a chain;
(B) 
Has weights attached;
(C) 
Is shorter in length than the greater of:
(i) 
Five times the length of the dog, as measured from the tip of the dog’s nose to the base of the dog’s tail; or
(ii) 
10 feet;
(D) 
Is attached to a collar or harness not properly fitted; or
(E) 
Causes pain or injury to the dog.
(3) 
A person commits an offense if the person knowingly violates this section. The restraint of each dog that is in violation is a separate offense.
(4) 
An offense under this section is a class C misdemeanor, except that the offense is a class B misdemeanor if the person has previously been convicted under this section.
(5) 
If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
(c) 
Exceptions.
(1) 
Subsection 2.03.002(b) does not apply to:
(A) 
The use of a restraint on a dog in a public camping or recreational area in compliance with the requirements of the public camping or recreational area as defined by a federal, state, or local authority or jurisdiction;
(B) 
The use of a restraint on a dog while the owner and dog engage in, or actively train for, an activity conducted under a valid license issued by the state provided the activity is associated with the use or presence of a dog;
(C) 
The use of a restraint on a dog while the owner and dog engage in conduct directly related to the business of shepherding or herding cattle or livestock;
(D) 
The use of a restraint on a dog while the owner and dog engage in conduct directly related to the business of cultivating agricultural products;
(E) 
A dog left unattended in an open-air truck bed only for the time necessary for the owner to complete a temporary task that requires the dog to be left unattended in the truck bed;
(F) 
A dog taken by the owner, or another person with the owner’s permission, from the owner’s residence or property and restrained by the owner or the person for not longer than the time necessary for the owner to engage in an activity that requires the dog to be temporarily restrained; or
(G) 
A dog restrained while the owner and dog are engaged in, or actively training for, hunting or field trialing.
(2) 
Subsection 2.03.002(b)(2)(C) does not apply to a restraint attached to a trolley system that allows a dog to move along a running line for a distance equal to or greater than the lengths specified under that subsection.
(3) 
This subsection does not prohibit a person from walking a dog with a handheld leash.
(Ordinance 2022-03-14(8E) adopted 3/14/22)
(a) 
No person shall give away any live animal, reptile, fowl, livestock, or wildlife as a prize for or as an inducement to enter any contest, game, or other competition; or as an inducement to enter a place of amusement; or as an incentive to enter into an business agreement whereby the offer is for the purpose of attracting trade. This prohibition shall apply to carnivals, fairs, and circuses.
(b) 
The prohibition contained in this section shall not apply to fish or to animals given as prizes at a rodeo contest or livestock show as part of an FFA, 4-H, or similar project.
(Ordinance 04-01-12 (12), ex. A (2.303), adopted 2/9/04)
(a) 
Trapping prohibited.
It shall be unlawful to set, trigger, activate or otherwise use, or cause to be set, triggered, activated or used, any steel-jawed leg-hold trap, or for any person, other than animal control officers, to set or otherwise use other trapping devices, including “live traps” used for the capture of any animal. Consistent with the provisions herein, the animal control division is authorized to utilize humane “live traps” and may conduct trapping operations or provide or authorize such devices’ use to property owners as may be needed throughout the city. This subsection is not intended to prohibit the prudent use of traps on one’s own property to control rodents.
(b) 
Hunting, shooting or injuring animals prohibited.
It shall be unlawful for any person to hunt, shoot, intentionally injure or kill any wild bird, animal, mammal or reptile within the corporate limits of the city. It shall be unlawful for any person to hunt, shoot or kill, within the city, any domestic bird, animal, mammal, reptile or pet that is not owned by such person. Except this subsection shall not be construed or interpreted to prohibit the destruction of poisonous snakes or to prohibit the animal control division from utilizing certain firearms in emergency field conditions where such actions are provided for by law or policy.
(c) 
Shooting domestic animal.
It shall be unlawful for any person to shoot a domestic animal within the corporate limits of the city. It shall be a defense to prosecution that the domestic animal shot was a vicious animal and presenting an immediate threat to personal or public safety. Except this subsection shall not be construed or interpreted to prohibit the animal control division from utilizing certain firearms in emergency field conditions where such actions are provided for by law or policy.
(Ordinance 04-01-12 (12), ex. A (2.304), adopted 2/9/04)
It shall be unlawful for any person to in any manner tease, annoy, disturb, molest or irritate an animal that is confined to the owner’s premises.
(Ordinance 04-01-12 (12), ex. A (2.305), adopted 2/9/04)
(a) 
Sanitation requirements.
The owners of any animal shall maintain and keep all pens, coops, kennels, fenced areas and enclosures of any kind in a sanitary condition. This shall include the following:
(1) 
All animal wastes shall be disposed of promptly and all pens and enclosures shall be cleaned as needed to prevent odors and not draw insects or other vermin or create a nuisance.
(2) 
The premises upon which animals are kept shall be clean and free from noxious and unpleasant odors.
(3) 
Some standard spray or other chemicals shall be used at reasonable intervals to keep the premises free of flies, mosquitoes, ticks, fleas and other vectors.
(b) 
Size.
Cages, pens or enclosures used to confine animals shall be of sufficient size to maintain all of the animals within such pen or enclosure comfortably and in good health.
(Ordinance 04-01-12 (12), ex. A (2.306), adopted 2/9/04)
(a) 
It is unlawful for any person to fail, refuse or neglect to provide any animal in his charge or custody, as owner or otherwise, with proper food, water, shade, adequate shelter, veterinary care when needed to prevent suffering, and grooming when lack thereof would adversely affect the health of the animal, and with humane care and treatment.
(b) 
To provide “adequate shelter” for a dog or cat kept outdoors, a person must provide a shelter accessible to the dog or cat meeting the following standards:
(1) 
The shelter must provide protection from the weather, i.e., sun, wind, precipitation (in whatever form), or other inclement weather conditions.
(2) 
If there are no artificial heat sources, the structure shall be small enough to allow the dog or cat to warm the interior of the structure and maintain its body heat, but large enough to permit normal postural adjustments, or standing.
(3) 
Plastic air shipping containers and/or pet carriers shall not be used as outdoor shelters.
(c) 
A written warning of violation requiring that the condition be corrected within a specified time period shall be issued to a person before any notice to appear at the municipal court may be issued or before a complaint may be filed with the municipal court.
(Ordinance 04-01-12 (12), ex. A (2.307), adopted 2/9/04)
(a) 
If any animal without a license tag or other identifying marker is found in a state of pain and suffering or becomes so during confinement, the animal control division may dispose of the animal in any humane manner without complying with the three-day (72-hour) waiting period as set out herein.
(b) 
If the owner or keeper of an animal found in a state of pain or suffering refuses to assume responsibility to care for the animal, the animal control officer may dispose of the animal in a humane manner.
(Ordinance 04-01-12 (12), ex. A (2.308), adopted 2/9/04)
(a) 
Not in lieu of or withstanding any permit requirements imposed herein, if an animal is offered for sale in a public place within the city, the person offering the animal for sale, the owner of the animal, the manager of the property which is the public place on which the offer is being made, and the owner of the property which is the public place on which the offer is being made shall be responsible for ensuring that the animal protections of this article are complied with in regard to the animal offered for sale in a public place during the time the animal is in the public place.
(b) 
The term “public place” as used herein shall mean any place to which the public or a substantial group of the public has access. It shall include, but is not limited to, shops, stores and flea markets.
(c) 
If an animal offered for sale in a public place is kept within a cage or pen of any type, such cage or pen shall comply with the following requirements:
(1) 
The cage or pen must be large enough for the animal to stand on all of its legs and hold its head in a natural position and not be in a crouched position. The cage or pen must also have enough room for the animal to turn around or move without stepping on another animal, animal feces or food or water provided for the animal.
(2) 
The cage or pen must either have room for water and food or have water and food situated so that the animal has access to it through the cage.
(3) 
The cage or pen must be situated so that air may circulate through it, so that any animal kept within the cage or pen is not exposed to extreme heat. During cold or inclement weather, cages or pens should be situated so that animals contained therein may stay warm and stay dry.
(Ordinance 04-01-12 (12), ex. A (2.309), adopted 2/9/04)
It shall be unlawful for any person to intentionally, knowingly, recklessly, or with criminal negligence use, or allow or permit to be used, property that he owns or has control over for the purpose of conducting animal fights. For purposes of this section, “animal” shall mean a domesticated living creature and wild living creature previously captured.
(Ordinance 04-01-12 (12), ex. A (2.310), adopted 2/9/04)
Animals may be slaughtered for human or animal consumption within the city, provided it is done at a location that is shielded from sensory perception of the general public, and provided it is done in a manner designed to cause the animal’s death as quickly as possible without needless suffering.
(Ordinance 04-01-12 (12), ex. A (2.311), adopted 2/9/04)
(a) 
It shall be unlawful for any person to administer poison to an animal belonging to another without legal authority or the owner’s effective consent. No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any domestic animal or person.
(b) 
It shall be unlawful for any person to recklessly or with criminal negligence injure another’s animal by leaving a poisonous substance of any kind in any place within the city.
(c) 
The provisions of subsections (a) and (b) shall not apply to an exterminator using poisons as part of a pest control program, nor shall it apply to persons using commercial insecticides and rodent baits used to control insects and wild rodents. For purposes of this section, the term “exterminator” shall mean an individual licensed by the state structural pest control board, unless he or she is exempt from such licensing.
(Ordinance 04-01-12 (12), ex. A (2.312), adopted 2/9/04)
No person shall beat, cruelly ill treat, torment, mentally abuse, overload, overwork or otherwise abuse an animal or cause, instigate or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans.
(Ordinance 04-01-12 (12), ex. A (2.313, adopted 2/9/04)
No person shall abandon an animal in his/her custody.
(Ordinance 04-01-12 (12), ex. A (2.314), adopted 2/9/04)