ARTICLE
2.1100 ANIMAL
CARE
Sec.
2.1101 Definitions
Direct Physical
Control. Within the owner’s observation and in such
close proximity as to permit the owner reasonable opportunity to
control the animal, should it become necessary to do so in order
to protect the animal, a human or another animal from harm.
Dog Tethering.
Using a chain, rope, tether, leash, cable, or other device to
attach a dog to a stationary object or trolley system.
Properly Fitted.
A restraint that measures the circumference of a dog’s neck plus
a minimum of one inch additional length. With respect to a
harness, properly fitted means a restraint that is of an
adequate size, design, and construction as to be appropriate for
the dog’s size and weight.
Sec. 2.1102 Animal Care
(a) No owner shall fail
to provide his or her animal or animals with sufficient
wholesome food or water, adequate shelter and protection from
weather, and veterinary care when needed to prevent suffering.
(b) No person shall beat,
cruelly treat, torment, mentally abuse, overload, overwork, or
abuse an animal, or cause, instigate, or permit any dogfight,
cockfight, bullfight, or other combat between animals or between
animals and humans.
(c) No person shall
abandon an animal that is in his or her custody.
(d) No person shall
donate or agree to donate any live animal as a prize for or as
an inducement to enter any contest, game, or other competition
or an inducement to enter a place of business, or offer such
animal as an incentive to enter into any business agreement
whereby the offer was for purpose of attracting trade.
(e) Any person who, as
the operator of a motor vehicle, strikes a domestic animal shall
immediately report such injury or death to the animal’s owner.
In the event the owner cannot be ascertained and located, such
operator shall at once report the accident or incident to the
city police department or to the local humane society.
(f) No person shall
expose any known poisonous substance, whether mixed with food or
not, so that same shall be liable to be eaten by any domestic
animal or person. This article is not intended to prohibit the
prudent use of herbicides, insecticides, or rodent control
materials. No person shall expose an open trap or metal jaw-type
device or trap that shall be liable to injure any domestic
animal or person.
Sec. 2.1103 Restraint of Dogs
(a) It shall be unlawful
for a person to use a chain, rope, tether, leash, cable or other
device to attach a dog to a stationary object or trolley system.
(b) It is an affirmative
defense to a violation of subsection (a) that the dog tethering:
(1) Is during a lawful
animal event, veterinary treatment, grooming, training or law
enforcement activity;
(2) Is required to
protect the safety or welfare of a person or the dog, and the
dog’s owner maintains direct physical control of the dog; or
(3) Occurs on the owner’s
premises:
(A) While the dog is
within the owner’s direct and immediate physical control; and
(B) Prevents the dog from
advancing within fifteen (15) feet of the edge of any public
street.
(c) The affirmative
defenses provided in subsection (b) are only available if the
following specifications are met:
(1) The chain, rope,
tether, leash, cable, or other device is attached to a properly
fitted collar or harness worn by the dog;
(2) The chain, rope,
tether, leash, cable, or other device is not placed directly
around the dog’s neck;
(3) The chain, rope,
tether, leash, cable, or other device does not exceed 1/20 of
the dog’s body weight;
(4) The chain, rope,
tether, leash, cable, or other device, by design and placement,
allows the dog a reasonable and unobstructed range of motion
without entanglement; and
(5) The dog has access to
adequate shelter and clean and wholesome water.
(d) A person commits an
offense if the person intentionally, knowingly, or recklessly
fails to comply with any provision or requirement of this
article. An offense under this article is a class C misdemeanor
and is punishable by a fine in accordance with
Section 1.109 of this code. If a person fails to
comply with this article with respect to more than one dog, the
person’s conduct with respect to each dog constitutes a separate
offense.
(e) This section does not
prohibit a person from walking a dog with a handheld leash.
(Ordinance 1370 adopted 4/28/08)
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