§ 4-3. Care and treatment; creating public nuisance.

(a)

All owners of animals shall provide such animals with sufficient food and water, proper shelter, veterinary care when needed to prevent suffering and with humane care and treatment. No person shall poison any animal other than household pests or deliberately kill, mistreat or abandon any domestic animal. Only authorized law enforcement officers or their agents or veterinarians or their agents shall be permitted to dispose of domestic animals and this shall be done in a humane manner. "Proper shelter" is defined as a dog-house or house-like structure, appropriate for the size and number of animals. The cover shall protect against inclement weather, direct rays of the sun and provide adequate ventilation, and shall be kept in a reasonably clean, dry and habitable condition, with appropriate measures taken to protect the animal from excessively hot or cold temperatures, e.g., ≤ 30º, ≥ 100º Fahrenheit. Trees, shrubbery, abandoned cars and the like, stacked cages, cages with wire floors, and cages with lengths measuring less than the cumulative sum of double each contained animal's length plus six inches do not meet the criteria for "proper shelter." "Sufficient food and water" shall include not only quality but type appropriate for the size and number of animals, clean and fit for consumption free from deleterious substances such as insects and insect larva, decaying matter, algae, or other foul or filthy substance.

(b)

No person harboring, owning, keeping in possession or having custody or control of any animal shall permit such animal to create a public nuisance. Public nuisance shall include but not be limited to the following: creating excessive noise; molesting people; chasing vehicles; depositing excretory matter on property other than that of the owner; dog or cat to run at large while in heat. Provided further, it shall be unlawful for the owner or manager of any domestic animal of any description willfully or negligently to permit any such animal to run at large beyond the limits of his own land or the lands leased, occupied or controlled by.

(c)

Unlawful acts:

(1)

Allow his dog to run at large off of property owned, rented or controlled by him;

(2)

Keep a vicious or unruly dog, unless under restraint by a fence or chain so that such dog cannot reach persons not on land owned, leased or controlled by him; however, chains used should be of adequate length and appropriate weight to allow the animal adequate freedom of movement, and should be attached with an appropriately fitted collar around the neck of the animal;

(3)

Release or take out of quarantine without proper authority any dog or cat, or resist law enforcement personnel engaging in the capture and quarantine of a dog or cat;

(4)

Abandonment—intentionally, knowingly, or recklessly leave a domestic animal alone or permit the animal to be abandoned at a location without providing minimum care and/or in circumstances which might cause harm to the animal, or deserting, forsaking, or relinquishing custody of such animal without making reasonable arrangements for someone else to assume responsibility for the health, safety, and welfare of the animal;

(5)

Intentionally, knowingly, or recklessly:

a.

Possesses a large number of companion animals;

b.

Fails to or is unable to provide the minimum requirements under subsection (a) of this section;

c.

Keeps the animals in severely overcrowded environment; and

d.

Displays an inability to recognize or understand the nature of or has a reckless disregard for the conditions under which the companion animals are living and the deleterious impact they have on the companion animals' and owner's health and well-being.

(6)

Confining an animal in a closed vehicle without engaging functioning air conditioning or ventilation whenever the ambient temperature exceeds 70° Fahrenheit.

(7)

Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with county ordinances.

(d)

The administrator or his/her designee is authorized to develop a feral cat trap, neuter and return (TNR) program. Approval of county council is required prior to any county funds being expended for such program(s).

(Ord. No. 69-07, 5-15-07; Ord. No. 17-12, § 1, 5-1-12; Ord. No. 69-15, § 1, 11-10-15)