§ 3-46. Crimes; misdemeanors.

The following are misdemeanors:

(1)

Refusal to quarantine. It shall be a misdemeanor for an owner or keeper to refuse to quarantine or permit the quarantine of any animal when and as required by state law and this article.

(2)

Interfering with impounding and other animal control duties and enforcement. It is a misdemeanor for any person to prevent, obstruct, or hinder the impoundment of an animal or other enforcement duties of officers pursuant to this article.

(3)

Damage. It is a misdemeanor for the owner or keeper of any domesticated animal to allow it to enter upon private or public property, so as to damage or destroy any real or personal property, including livestock and other animals of value.

(4)

Cruelty to animals. The following acts and omissions constitute cruel treatment to animals; therefore, it shall be a misdemeanor for any person, firm, or corporation to:

a.

Willfully or cruelly kill, injure, poison, torture, torment, tease, bait or in any way molest any animal by any means causing it fright or pain; or

b.

Lay out or expose any kind of poison or leave exposed any poisoned food or drink for animal or fowl, or any substance or fluid whatever, whereon or wherein there is or shall be deposited or mingled any kind of poisonous or deadly substance or fluid whatever, or any premises, or abet any person in so doing unless in accordance with the lawful work of an exterminator; or

c.

Neglect or fail to provide minimum care to any animal within his care, custody, or control. For the purpose of this section, "minimum care" means that in each period of twenty-four (24) hours, food and water of sufficient quantity and quality will be provided to allow for the maintenance of body weight and normal growth of an immature animal, and to otherwise preserve the health and well-being of the animal. "Minimum care" also includes at least a three-sided shelter, suited to the size and number of animals and providing each animal within the enclosure with proper protection from the elements including cold, heat, sun, wind, and rain; or

d.

Tether, confine, or restrain any animal in such a way as to permit said animal to become entangled in such tether, or render said animal incapable of consuming food and water for more than twenty-four (24) hours; or from obtaining shelter from the elements; or

e.

Abandon or leave any animal on a street, road or highway or in a public place or on private property; or

f.

Confine and leave unattended an animal within or on a motor vehicle or other closure or structure under conditions that endanger the health and well-being of the animal. Such conditions include, but are not limited to dangerous temperatures and lack of food and water; or

g.

Intentionally run down or otherwise abuse any animal with a bicycle or motor vehicle, including motorcycles or motorbikes; or

h.

Intentionally trap any domestic animal with a device other than a humane live animal trap. Any practice of good animal husbandry as defined in section 3-42 is not a violation of this section.

(5)

Penalty. Any person violating any provisions of this article shall be punished by a fine of five hundred dollars ($500.00) or imprisoned for a term of not more than thirty (30) days or by the performance of community service of not more than forty (40) hours if directed by the court, or any combination of same if directed by the court.

(Ord. No. 8252, § 3.6, 4-22-92)