<div class="chunk-title">Sec. 6-58. - Animal care.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any owner or keeper to fail to provide his animals with adequate
               food, water, shelter, social interaction, a clean living environment free of debris
               and excessive waste, adequate exercise, veterinary care when needed to prevent suffering
               and with humane care and treatment. This requirement for social interaction does not
               apply to livestock. Any such violation shall be classified and charged as "neglect."
               by way of illustration, and not limitation, if an officer deems that the dog has not
               had sufficient exercise off tether or social interaction such violation will constitute
               neglect.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to intentionally overdrive, overload, wound, beat,
               injure, torment, kill, or poison or otherwise abuse an animal; or procure an animal
               to be overdriven, overloaded, wounded, beaten, injured, tormented, killed, or poisoned
               or otherwise abused; or cause, instigate, or permit any dogfight, cockfight, bullfight,
               or other combat between animals and humans and animals.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to promote, encourage, engage in or do any act
               toward the furtherance of any act of cruelty to an animal.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               No owner of an animal shall abandon such animal except to relinquish the animal to
               the animal shelter during normal business hours in accordance with policies and procedures
               then in effect at the animal shelter.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               If an officer finds that an animal has been abandoned the animal may be impounded.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               If an animal has been abandoned in a house or within a fenced area, the department
               must make a reasonable effort to locate the owner or manager of the property. If the
               property owner or manager is not the animal owner, then the department shall secure
               permission of the owner or manager to remove the animal. If the property owner is
               also the animal owner and this individual property owner cannot be located, the department
               shall secure an appropriate warrant to seize the animal. An animal seized pursuant
               to this section shall be impounded.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               No person may transport any type of animal in a motor vehicle or in a wagon or trailer
               pulled by a motor vehicle, or in a truck or the back of a truck, in such a way as
               to cause pain, suffering, or unreasonable risk of pain or death to the animal. Provided,
               however, there shall be no prohibition against the humane transportation of horses,
               cattle, sheep, poultry, or other livestock in trailers or other vehicles designed,
               constructed, and adequate for the size and number of animals being transported.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               Animals transported in open truck beds on public roads shall be secured by cross-tethering
               suitable and acceptable for the size of animal in such a manner that they cannot fall
               or jump over the side or contained in a properly secured and ventilated cage. This
               provision shall not be applicable to:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Law enforcement dogs while being used for investigation, tracking and similar duties
               under the supervision of a certified law officer;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Search and rescue dogs while being used for their intended purpose and under the control
               of a trained handler;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Hunting dogs while being used in a legal hunt on private property, private roads or
               public secondary roads;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Farm dogs while being used for agricultural purposes on private property or private
               roads; or
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Farm dogs while being used for agricultural purposes on secondary roads within one
               mile of property owned, leased or otherwise used for farm purposes.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to place or confine an animal or allow an animal
               to be placed or confined in a motor vehicle under such conditions or for such a period
               of time as to endanger the health or well-being of such animal due to temperature,
               lack of food or drink, or such other conditions as may reasonably be expected to cause
               suffering, disability, or death.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               After making a reasonable effort to find the driver of a vehicle in which an animal
               is confined, the officer, in the presence of a law enforcement officer, may use the
               least intrusive means to enter the vehicle if necessary to remove the animal, where
               reasonable cause exists to believe the animal may die if not immediately removed.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The officer removing the animal shall then impound the animal and leave in a prominent
               place on the motor vehicle a written notice of the animal's impoundment, a brief description
               of the animal, and where and when the animal may be reclaimed.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to intentionally strike an animal with an automobile
               or other vehicle causing injury or death.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person injuring or killing a domestic animal by striking
               it with an automobile or other vehicle to fail to notify the owner of such animal,
               if ownership information is available. If ownership information is not available,
               animal control or law enforcement must be notified.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to sponsor, promote, or train a wild or domestic
               animal to participate in any unnatural behavior in which the animal is wrestled, fought,
               harassed, or displayed in such a way that the animal is abused or stressed. This prohibition
               applies to events and activities taking place in either public or private facilities
               or property in the county, and applies regardless of the purpose of the event or activities
               and whether or not a fee is charged to spectators. The sheriff or his designees shall
               make the determination that an activity or event comes under this section. Provided,
               however, this section shall in no way apply to zoological parks, performing animal
               exhibitions or circuses.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to give away any live animal, fish, reptile, or
               bird as a prize or as an inducement to enter any contest, game, or other competition,
               other than a livestock educational opportunity; as an inducement to enter a place
               of amusement; offer such vertebrate as an incentive to enter into any business agreement
               whereby the offer was for the purpose of attracting trade; or sell chances, coupons,
               or tickets to be redeemed for any live animal, bird or fish, or to offer animals for
               sale or gift at flea markets.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               It shall be unlawful for anyone to give away, sell or adopt any dog or cat under the
               age of six weeks old without accompanying its mother or until fully weaned.
               </p>
            		
            <p class="incr0">
               (m)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to sell, offer for sale, barter or give away chickens,
               ducklings or other fowl under three weeks of age, or rabbits under two months of age;
               provided, however, that this section shall not be construed to prohibit the sale or
               display of such baby chickens, ducklings or other fowl, or such rabbits, in proper
               facilities by breeders or stores engaged in the business of selling for purposes of
               commercial breeding and raising.
               </p>
            		
            <p class="incr0">
               (n)
               </p>
            		
            <p class="content1">
               It shall be unlawful to color, dye, stain or otherwise change the natural color of
               baby chickens or other fowl or rabbits, or to sell such animals after their natural
               color has been altered.
               </p>
            		
            <p class="incr0">
               (o)
               </p>
            		
            <p class="content1">
               It shall be unlawful to tether an animal to a stationary object for a period of time
               or under conditions that an officer or animal cruelty investigator deems harmful or
               potentially harmful to the animal. Tethering may be allowed in certain cases if there
               is no sign of obvious neglect and the animal is not exhibiting health or temperament
               problems. Examples of improper tethering include, but are not limited to the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Using a length or weight of tether that is not appropriate for the size, weight and
               age of the animal. An appropriate restraint must be a minimum of four times the length
               from the tip of the animal's nose to the tip of the animal's tail and shall be no
               less than 15 feet.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Using tether that does not have swivels on both ends. All tethers must be attached
               to the animal by means of a properly fitting harness or collar of not less than one
               inch in width made of nylon or leather.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Allowing an animal to be tethered such that the animal is not confined to the owner's
               property or such that the tether can become entangled and prevent the animal from
               moving about freely, lying down comfortable or having access to adequate food, water
               and shelter.
               </p>
            		
            <p class="incr0">
               (p)
               </p>
            		
            <p class="content1">
               It shall be unlawful for any person to hoard animals. An owner, keeper, possessor,
               or caretaker shall be guilty of this offense if he or she possesses five or more animals;
               fails to provide suitable care for such animals as prescribed by this article; keeps
               the animals in a severely overcrowded or unsanitary environment; and displays an inability
               to recognize or understand the nature of or has a reckless disregard for the conditions
               under which the animals are living and the deleterious impact such conditions have
               on the animals' health and well-being.
               </p>
            		
            <p class="incr0">
               (q)
               </p>
            		
            <p class="content1">
               Any animal found to be treated in a manner constituting a violation of this article
               shall be subject to immediate seizure by the officer so that suitable care may be
               provided for such animal.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 10-04-01, 3-16-10;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="709376">
                  Ord. No. 15-01-14
                  </a>
               , Â§ 1, 1-20-15;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="709377 ">
                  Ord. No. 15-03-10
                  </a>
               , Â§ 1, 3-3-15)
               </p></div>