(a) Cruelty. It shall be unlawful for any person to commit cruelty to animals. A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overworks, tortures, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, needlessly mutilates, engages in or encourages a sex act on or with an animal, needlessly kills or, having the charge or custody of any animal, fails to provide it with proper food, drink and protection from the weather, fails to provide adequate veterinary care for a sick or injured animal, or abandons it.

(b) Open vehicle. No owner of any animal shall allow such animal to ride in any open motor vehicle or vessel in such a manner as to permit injury to the animal. For purposes of this subsection, the operator of a motor vehicle shall be deemed to be the owner of any animals riding therein. Factors to be considered by the court shall include, but are not limited to the following:

This subsection shall not apply to the owner of such animal if such animal is confined to a cage or enclosure of adequate construction to prevent its escape therefrom and provides proper ventilation.

(c) Care of confined animal. Except as authorized by law, no animal shall be confined without an adequate supply of food and water and protection from the elements and extremes in temperature. If any animal is found to be confined without adequate food, water, or protection and the police officer or animal protection officer can articulate a reason(s) why the animal is in imminent danger of death or suffering serious bodily injury, it shall be lawful for any police officer or animal protection officer, from time to time as may be necessary, to enter into and upon any area or building where such animal is confined and supply it with adequate food and water in accordance with the procedures found in section 14-2. If such animal is not cared for by a person other than an animal protection officer within 24 hours of the posting of notification as described in section 14-2, such animal shall be presumed to have been abandoned under circumstances in which the animal's life or health is endangered.

(d) Endangering animal's health or life. No animal shall be mistreated or neglected to such degree or abandoned in any circumstance so that the animal's life or health is endangered.

(e) Poisoning. It shall be unlawful for any person to poison any animal or to distribute poison in any manner whatsoever with the intent to or for the purpose of poisoning any animal; provided, however, for the purpose only of this subsection, the term "animal" shall not include bats, mice, rats, or other rodents approved by state law, but shall include hamsters, guinea pigs, rabbits and squirrels. The distribution of any poison or poisoned meat or food, other than those specifically for insect or bat, mouse, rat, or other rodent poisoning, shall be prima facie evidence of violation of this subsection.

(f) Harassing birds. It shall be unlawful for any person within the city to at any time willfully frighten, shoot at, wound, poison, kill, capture, ensnare, net, trap or in any other manner molest or injure any bird, fowl or water fowl or in any manner willfully molest or injure the nest, eggs or young of any such bird, fowl or water fowl.

(g) Unsafe tethering. It shall be unlawful for the owner of any animal to tether any animal in such a manner that the animal may become entangled or unable to reach shelter, food, or water, or in such a manner that the animal may be injured, strangled, or otherwise cause the animal to suffer.

(h) Fighting animals. It shall be unlawful for any person to cause, sponsor, instigate, allow, or encourage any animal to fight with another animal. It shall be unlawful for any person to train, breed, or keep any animal for the purpose of fighting. It shall be unlawful for any person to maintain a place where animals are permitted to fight for exhibition, wager, or sport. (Code 1979, § 7-3; Ord. No. 2020-55, § 7, 11-2-2020; Ord. No. 97-51, § 4, 10-13-1997)