(A)
A person
commits an offense if, either through his action or omission, he:
(1)
Docks
the tail or removes the dew claws of an animal over five (5) days
of age, or crops the ears of an animal of any age, unless he is licensed
to practice veterinary medicine in the state;
(2)
Transfers
ownership or otherwise physically removes from its mother any dog,
cat, ferret, or rabbit less than six (6) weeks old, or any other animal
that is not yet weaned, except as advised by a licensed veterinarian;
(3)
Abandons
any animal that he or she has possession or ownership of at the animal
services facility, at any other place of business, on public property,
or with any person that has not consented or has revoked consent to
be responsible for the care of the animal;
(4)
Fails
to notify the department within twenty-four (24) hours after a motor
vehicle being operated by him strikes an animal;
(5)
Carries
or transports an animal in any unenclosed motor vehicle or trailer
(including but not limited to convertibles, pickup trucks, and flatbed
trucks), and fails to effectively restrain the animal by a vented
container or cage, or by some other device cross-tied to prevent the
animal from falling or jumping from the motor vehicle, convey or from
strangling on a leash;
(6)
Places
or confines an animal, or allows an animal to be placed or confined,
in a motor vehicle, conveyance, or trailer without providing adequately
for the necessities of life, including air, food, potable water, sanitary
conditions, shelter, or protection from the heat, cold, or other environmental
condition, or under other circumstances that may cause bodily injury,
serious bodily injury, or death of the animal;
(7)
Causes
or allows an animal to remain in its own filth;
(8)
Owns
or has care, custody, or control of an animal having an infestation
of ticks, fleas, or other parasites, without having the animal treated
by a veterinarian or following a proper commercially available treatment
regimen for the infestation;
(9)
Own
or has care, custody, or control of an animal having an obvious or
diagnosed illness, injury, or communicable illness transmittable to
animal or human, without having the animal treated by a veterinarian
or following a proper treatment regimen for the injury or illness;
(10)
Fails to provide basic grooming for an animal;
(11)
Causes, allows, or trains an animal to fight another animal or possesses
animal fighting paraphernalia or training equipment;
(12)
Fails to adequately provide an animal owned by him or under his care,
custody, or control with necessities of life, including food, potable
water, sanitary conditions, shelter, or protection from the heat,
cold, other environmental conditions, or other circumstances that
may cause bodily injury, serious bodily injury or death of the animal;
(13)
Attaches or allows to be attached a collar or harness to an animal
that is of an inadequate size so that it restricts the animal’s
growth or causes damage to the animal’s skin;
(14)
Attaches or allows to be attached a tether that is not appropriately
sized for the animal or so heavy as to restrict or burden the animal’s
movements;
(15)
Teases, taunts, or provokes an aggressive reaction from an animal;
(17)
Allows an animal to run at large;
(18)
Fail to keep an animal under restraint;
(19)
Tamper with any trap or animal-catching device set out by the Animal
Welfare Officer or designated representative;
(20)
Keep within the city an animal subject to contracting rabies which
is over the age of four months and fail to keep the animal currently
vaccinated for rabies in accordance with state law;
(21)
Interfere with, hinder, or molest any city employee in the performance
of the employee’s duties under this chapter; or
(22)
Do any act which otherwise is proscribed in this chapter.
(B)
A person
commits an offense if, with intent to deceive, he knowingly makes
a false report or statement, either verbal or written, that is material
to an investigation of an alleged violation of this chapter to an
animal services officer or other person authorized to enforce the
provisions of this chapter.
(C)
Animals
seized pursuant to this section may be impounded and the city enforcement
agent may petition the municipal court for a hearing to determine
whether the animal was inhumanely treated and to determine the disposition
of the animal. The petition shall be filed within seventy-two (72)
hours of the seizure. If the court is not open during this 72-hour
period, the petition shall be filed the next day the court is open
for business. If a hearing is not requested, then the animal shall
be returned to the owner upon request of the owner.
(Ordinance 1468-20-11-24, passed 11-24-20)
(A)
All
animal housing enclosures must be securely built, adequately sized
for the kind, size, and number of animals housed, maintained in a
sanitary condition so that flies or mosquitoes are not allowed to
breed and odors are not offensive to adjacent residences or businesses,
in compliance with all other requirements of this chapter, city zoning
laws, and the following minimum standards:
(1)
The
shelter is large enough for the animal to enter, stand, turn around,
and lie down in a natural manner;
(2)
The
shelter keeps the animal dry;
(3)
The
shelter provides the animal with natural or artificial shade from
direct sunlight;
(4)
The
shelter protects the animal from excessive heat and cold and other
adverse weather conditions; and
(5)
The
shelter is adequately ventilated.
(B)
A person
commits an offense if he fails to provide an enclosure or enclosures
meeting the criteria set forth in this section.
(Ordinance 1468-20-11-24, passed 11-24-20)
