§ 5-32. Shelter; protection from the weather; humane care.

(a)

It shall be unlawful and a civil infraction for any person owning or responsible for confining or impounding any animal to fail to provide the animal with proper shelter, protection from the weather or humanely clean conditions as prescribed in this section. In the case of farm animals, nothing in this section may be construed as imposing shelter requirements or standards more stringent than normally accepted husbandry practices in the county.

(1)

Indoor standards. Minimum indoor standards of shelter shall be as follows:

a.

The ambient temperature shall be compatible with the health of the animal.

b.

Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animal at all times.

(2)

Outdoor standards. Minimum outdoor standards of shelter shall be:

a.

When sunlight is likely to cause heat exhaustion of an animal housed outdoors, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight.

b.

Shelter from inclement weather shall be as follows:

1.

An artificial shelter providing relief from the elements and appropriate to the local climatic conditions for the species concerned shall be provided as necessary for the health of the animal.

2.

If a dog or cat is confined outdoors or in an unheated enclosure, a shelter of suitable size with a floor above ground and waterproof room shall be provided to accommodate the dog or cat and protect it from the weather and, in particular, from severe cold. It shall be made of durable material with a solid floor raised above the ground and with the entrance covered by a flexible windproof material or a self-closing swinging door. The structure shall be provided with a sufficient quantity of suitable bedding consisting of hay, straw, cedar shavings, blankets, or the equivalent, to provide insulation and protection against cold and dampness and promote retention of body heat.

3.

In lieu of the requirements of subsections (1) and (2), a dog or cat kept on a farm may be provided with access to a barn or outbuilding with sufficient loose hay or bedding to protect against cold and dampness.

(3)

Space standards. Minimum space requirements for both indoor and outdoor enclosures shall include:

a.

The housing facilities shall be structurally sound and maintained in good repair to protect the animal from injury and to contain the animal.

b.

Enclosures shall be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement. Inadequate space may be indicated by evidence of overcrowding, debility, stress or abnormal behavior patterns.

(b)

It shall be unlawful and a civil infraction to fail to provide an animal with wholesome exercise and a sufficient quantity of good and wholesome food and water adequate to nutritional requirements of the species, or to fail to provide veterinary care when required to prevent suffering.

(c)

It shall be unlawful and a civil infraction to confine any animal in a building, enclosure, car, boat, vehicle or vessel of any kind when extreme heat or extreme cold will be harmful to its health. The animal control officer may remove any animal so confined, after a reasonable attempt to locate the owner of the animal has failed, and may use the amount of force reasonably necessary to remove the animal. The animal control officer will leave a written notice in a prominent place indicating that the animal has been impounded and where it may be claimed by the owner. Violation of this subsection shall be punishable by a fine of $50.00.

(d)

It shall be unlawful and a civil infraction for any person keeping or harboring animals to fail to keep the premises where such animals are kept free from offensive odors to the extent that such odors are disturbing to a person residing within reasonable proximity of the premises. It shall be unlawful to allow premises where animals are kept to become unclean and a threat to the public health by failing diligently and systematically to remove all animal waste from the premises. It shall be unlawful to allow animals or premises where animals are kept to become infested with ticks, fleas or other vermin, by failing to diligently and systematically apply accepted methods of insect and parasite control.

(Ord. No. 92-25, § 12, 11-3-92)