(A)
Every owner or keeper of an animal kept in the City shall see that such animal:
(1)
Is kept in a clean, sanitary and healthy manner and is not confined so as to be forced to stand, sit or lie in its own excrement; the person(s) responsible for animal(s) shall regularly and as often as necessary to prevent odor or health and sanitation problems maintain all animal areas or areas of animal contact;
(2)
Has food that is appropriate for the species in adequate amounts to maintain good health, fresh potable drinking water where appropriate, shelter and ventilation, including quarters that are protected from excessive heat and cold and are of sufficient size to permit the animal to exercise and move about freely;
(3)
Shall not be tethered by use of a choke collar, or on any collar too small for the size and age of the animal, or by any rope, chain or cord directly attached to the animal’s neck, or by a leash less than 12 feet in length, or by any tether or leash without swivels on both ends, or of such unreasonable weight as to prevent the animal from moving about freely;
(4)
Is protected against abuse, cruelty, neglect, torment, overload, overwork, or any other mistreatment;
(5)
Shall provide the reasonably necessary medical care, in addition to the required rabies vaccination which shall include recommended vaccinations as required by accepted veterinary standards, and if diseased or injured, or exhibiting symptoms of disease, receives proper care and is segregated from other animals so as to prevent transmittal of the disease; and
(6)
Is maintained in compliance with all applicable federal, state and local laws and all regulations respecting animal care and control as are adopted by the City Department of Public Safety and in effect from time to time.
(B)
It shall be unlawful for a person to beat, starve or otherwise mistreat any animal in the City, or to fail to comply with any requirement of subsection (A) of this section.
(C)
It shall be unlawful for any animal to be tethered between the hours of 11:00 p.m. and 6:00 a.m.; or to tether any unsterilized dog for any period of time unless it is monitored by a competent adult for the duration of such tethering; or to tether or confine an animal at a vacant structure or premises for any purpose or time when it is not monitored by a competent adult who is present at the property for the duration of such tethering or confinement.
(D)
A person who violates any provision of this section for the first time may be given written notice of the practices or conditions which constitute the violation, and the enforcement authority shall in such instance direct remedies to such person where appropriate and provide a time period of no longer than 30 days within which to correct the violation(s). Failure of the person to correct the violations within the specified time period shall constitute prima facie evidence of this section.
(E)
A person who violates any provision of this section shall be subject to the fines imposed for any such violations as follows:
(1)
For the first violation, not less than $25; and
(2)
For the second or subsequent violations, not less than $200, and the court upon request shall order forfeiture or other disposition of the animal involved. A judgment by the court which orders forfeiture or other disposition of the animal by the City or any third party shall include as a part of such judgment adequate provisions for the collection of costs of forfeiture or impoundment from the person found in violation.
(3)
The fines described herein shall be separate from and in addition to fines levied in accordance with Marion County Code.
(Ord. 9.08 § 401, passed 11-16-2009)