§ 14-102. Humane care

Any person, owner, handler, keeper of a cat or dog must provide humane conditions for such animals as follows:

(1) Enclosure; exception.

a. Any dogs confined within a fenced yard must have at least 100 square feet for two dogs maximum for the animal's use and exercise. Where dogs are kept or housed on property without a fenced yard, the owner of such dogs, or persons having custody of such dogs, shall provide an enclosure containing not less than 100 square feet for two dogs maximum for the animal's use and exercise. Such enclosure shall be constructed of chainlink fencing or similar type materials with all four sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from such enclosure. The top of the enclosure shall be covered with materials to provide the dog with shade and protection from the elements.

b. An exception to this section will allow the city pound to hold animals for as long as necessary in a smaller enclosure for impound purposes. Also veterinarians may keep animals in a smaller enclosure for as long as necessary for medical purposes.

(2) Shelter. The owner or other person having custody of an animal must provide a shelter for the animal. The shelter must be constructed and maintained in such a manner to allow the animal to remain dry and protected from the elements including sun. Such shelter shall be fully enclosed on three sides, roofed and have a solid floor with bedding appropriate to the season. The entrance to the shelter shall be flexible to allow the animal's entry and exit, and sturdy enough to block entry of wind and rain. The shelter shall be small enough to retain the animal's body heat and large enough to allow the animal to stand and turn comfortably. The enclosure shall be structurally sound and maintained in good repair.

(3) Food/water. The owner or other person having custody of an animal must provide wholesome and nutritious food appropriate for the age and size of the animal. Fresh clean water must be available at all times. The water container must be of adequate size and affixed in a manner such that it cannot easily be accidentally emptied.

(4) Fastening, chaining, etc.; exception.

a. No person shall, at any time, fasten, chain or tie any cat or dog or cause such cat or dog to be fastened, chained or tied while such animal is on the property where it is normally kept or resides.

b. A cat or dog may be tethered to allow for the cleaning of its enclosure or while the owner is outside with the animal and is in visual contact with it at all times.

(5) Violation of section provisions.

a. If the enforcement officer determines that any owner, harborer or keeper of an animal is in violation of these provisions relating to the humane care of the animals, he or she will notify the owner, harborer or keeper of the animal of the violation by door tag, personal service or certified mail to immediately remedy the violation, and specifying a time for compliance, not to exceed three days following which, if the person has not complied with the requirements of the enforcement officer, the person may be found guilty of a violation of this article. After the second conviction within any six-month period, the enforcement officer may apply to the municipal judge for a warrant to seize such animal. The animal will be impounded at the city animal control facility.

b. The municipal judge will hold a hearing and determine the disposition of the impounded animal which shall be, in the judge's determination, to the owner of the animal, to a humane organization designated by the animal control officer, or to the city animal control facility for humane destruction, which destruction shall occur following any required appeal period has expired.

(Ord. No. 1058, § 19, 11-20-2006; Ord. No. 1065, § 19, 3-5-2007)