§ 8.12.030. Cruelty to animals prohibited.

A.

No person shall intentionally or willfully or knowingly kill, maim, torture, torment, grossly overwork or overload or cause any of the actions stated herein to be committed.

B.

No person shall allow pregnant animals, nursing females, or animals less than six months old to remain outdoors during periods of inclement weather unless such animal is accompanied by a custodian, keeper or handler. For purposes of this subsection, inclement weather conditions shall mean freezing temperatures, a heat index of ninety-five degrees Fahrenheit (95° F) or above as determined by the National Weather Service, thunderstorms, or tornados.

C.

No person shall fail unreasonably or cause another person to fail unreasonably to provide adequate food, water, care or shelter to any animal in the person's custody or to abandon any animal in the person's custody. For the purposes of this section, "shelter" shall mean a structure or enclosure which provides an animal with protection from the elements (weather), which structure or enclosure must have a roof, floor and three sides, and be of sufficient size as to allow each animal to stand up, lie down and turn around in a natural position.

D.

Pet tethering. For purposes of this subsection, "tether" means a cable, cord, or similar device used to attach an animal to a stationary device, but does not include chains. No person shall allow any animal to remain confined in such a manner as to unreasonably restrict the animal's ability to move. No person shall allow any dog to remain tethered unless all of the following conditions are satisfied:

1.

The tether is not unreasonably heavy in proportion to the weight of the animal.

2.

A swivel is located at both ends of the tether and the tether is free of tangles.

3.

The collar or harness on the animal to which the swivel is attached is properly fitted and is a collar or harness that is commonly recognized as a pet collar or harness (choke and pinch collars are not permitted).

4.

The tether is not less than fifteen feet in length.

5.

Chains shall be prohibited for use as a tethering device.

6.

The animal is not outside during a period of extreme weather, including without limitation a heat index of ninety-five degrees Fahrenheit (95° F) or above as determined by the National Weather Service, freezing temperatures, thunderstorms, or tornados.

7.

The animal has access to water, shelter, and dry ground at all times, and has access to adequate food.

8.

The animal is at least six months of age and has a current rabies vaccination.

9.

The animal is not sick, injured, or in heat (estrus).

10.

Pulley, running line, or trolley systems are at least fifteen feet in length and are not less than six feet above the ground.

11.

If there are multiple animals, each animal must be tethered separately.

12.

The tethering device shall allow the tethered dog to lie down comfortably at all positions of tether.

E.

No person shall administer any poisonous or noxious substance to any animal or expose any such substance with intent that the same shall be taken by an animal, whether such animal be the property of himself or another, except when the animals exposed or administered such substances are rodents, fowl or other animals which pose a significant health hazard to the public.

F.

Any police officer or any employee of the metropolitan government authorized to enforce the provisions of Chapter 8.04 and 8.08 of the Metropolitan Code of Laws may lawfully interfere to prevent the perpetration of any act of cruelty as defined herein upon any animal in his presence. No person shall interfere with or obstruct any such officer or employee in the discharge of his duty.

G.

Upon conviction for animal cruelty, the court may order that the person do any or all of the following:

1.

Be precluded from owning, harboring, or having custody or control of companion animals for a period of time that the court deems reasonable.

2.

Participate in available animal cruelty prevention program(s) and/or educational program(s) operated or approved by the metro animal control division of the metro public health department.

3.

Forfeit to metro animal control animals that are the basis of conviction.

4.

Sterilize the companion animals, with sterilization being mandatory upon a second violation.

5.

Pay appropriate fees and fines.

H.

Penalties:

1.

Upon the first conviction for violating [Section] 8.12.030D, in addition to any or all of the actions set forth in [Section] 8.12.030G, the individual shall be required to comply with [Section] 8.12.030D.

2.

Upon the second conviction for violating [Section] 8.12.030D, in addition to any or all of the actions set forth in [Section] 8.12.030G, the individual shall be required to install a running cable line or trolley system of restraint. Such running cable line or trolley system shall comply with all of the requirements in [Section] 8.12.030D, as well as be at least ten feet in length and mounted at least four feet and no more than seven feet above ground level.

I.

Any fees required to be paid for animal cruelty prevention programs or educational programs organized and taught by metro public health department staff shall be directed to the operating budget of the metro animal control division of the metro public health department and shall not be directed into the general fund for the metropolitan government.

(Amdt. 1 to Ord. BL2017-585 § 1, 2017; Ord. BL2017-585 § 1, 2017; Amdt. 1 to Ord. BL2015-1008 § 1, 2015; Ord. BL2015-1008 § 1, 2015; Ord. BL2009-418 § 1, 2009; Amdt. 1 to Ord. BL2006-1208 § 2, 2006; Ord. BL2006-1208 §§ 1—4, 2006; Amdt. 1 and 2 with Ord. 2001-843 § 1, 2001; Ord. 99-1776 § 2 (part), 1999)