CHAPTER 14
ANIMAL CONTROL

ARTICLE 5
ANIMAL CRUELTY

Section 14-5-1. Definitions.

(a)

Abandon means the leaving of an animal without adequate provisions for the animal's proper care by its owner, the person responsible for the animal's care or custody, or any other person having possession of such animal.

(b)

Animal means any living non-human creature.

(c)

Mistreatment includes every act or omission which causes or unreasonably permits the continuation of, unnecessary or unjustifiable pain or suffering.

(d)

Neglect includes failure to provide food, water, protection from the elements, opportunity for exercise, or other care normal, usual, and proper for an animal's health and well-being.

[Source: Ord. 1734, 2017]

Section 14-5-2. Cruelty to Animals--Neglect of Animals--Offenses. It is unlawful for any person to commit cruelty to or neglect animals. A person commits cruelty to animals if he knowingly or with criminal negligence overdrives, overloads, overworks, tortures, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, needlessly mutilates, needlessly kills, carries or confines in or upon any vehicles in a cruel or reckless manner, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather or abandons it.

[Source: Ord. 1734, 2017]

Section 14-5-3. Animal Fighting.

(a)

It is unlawful for any person to cause, sponsor, arrange, hold, or encourage a fight between animals for the purpose of monetary gain or entertainment.

(b)

For the purpose of this Section, a person encourages a fight between animals for the purpose of monetary gain or entertainment if he:

(1)

Is knowingly present at or wagers on such a fight;

(2)

Owns, trains, transports, possesses, or equips an animal with the intent that such animal will be engaged in such a fight;

(3)

Knowingly allows any such fight to occur on any property owned or controlled by him;

(4)

Knowingly allows any animal used for such a fight to be kept, boarded, housed, or trained on, or transported in, any property owned or controlled by him;

(5)

Knowingly uses any means of communication for the purpose of promoting such a fight; or

(6)

Knowingly possesses any animal used for such a fight or any device intended to enhance the animal's fighting ability.

(c)

Nothing in this Section shall prohibit normal hunting practices as approved by the Division of Wildlife.

(d)

Nothing in this Section shall be construed to prohibit the training of animals or the use of equipment in the training of animals for any purpose not prohibited by law.

[Source: Ord. 1734, 2017]

Section 14-5-4. Trapping of Animals--Prohibited. It is unlawful for any person to trap or set any traps or trapping devices designed to capture, enclose, hold or otherwise prohibit the free movement of any animal, except insects, rodents, and vermin, in a manner designed or readily calculated to injure such animal, except such traps or trapping devices as may be set at the direction of authorized animal control officers or other designated state wildlife personnel.

[Source: Ord. 1734, 2017]

Section 14-5-5. Removal of Animal. In the event there is probable cause to believe that a violation of any of the provisions of this Article has occurred, the Municipal Court, an animal control officer, police officer or other designated official may remove the animal or animals from the possession of the person involved. The Municipal Court may order the temporary or permanent removal of the animal or animals involved from the possession of any individual convicted of violating this Article.

[Source: Ord. 1734, 2017]