Sec. 7-121. Cruelty to animals prohibited.
(a) No person shall:
(1) Overdrive, overload, drive when overloaded or overwork any animals;
(2) Cruelly beat, cruelly mutilate or torture any animal;
(3) Needlessly shoot at, wound, capture or in any other manner needlessly molest, injure or kill any animal; or
(4) Carry, transport or keep in a cruel manner any animal.
(b) It is a specific defense to a charge of violating Subsection (c) below that the action was necessary to avoid injury to a person or that the animal was not a domesticated animal and the action was necessary to avoid injury to a person or property.
(c) It is unlawful for any person to fail to provide an animal owned or in the custody of such person with adequate food, water, protection from the elements, veterinary services, humane care and treatment necessary to maintain the good health of the animal and to prevent suffering of the animal, or other care generally considered to be normal, usual and accepted for the animal’s health and well-being consistent with the species, breed and type of animal.
(d) Where there is reasonable suspicion to believe that an animal is being mistreated or neglected, as described in Paragraph (a) or (c) of this Section, an animal control officer or police officer may enter the premises and remove and impound the animal. Premises, as used in this Section, is defined to include the land and structures thereon, not to include the home.
(e) Where an animal is located in the home and is not otherwise accessible, and an animal control officer or police officer has probable cause to believe that the animal is being mistreated or neglected, as described in Paragraph (a) or (c) of this Section, to the extent the life of the animal is endangered, the animal control officer or police officer may enter the home for the purpose of removing and impounding the animal upon the issuance of a warrant issued by an appropriate court for such purpose.
(f) The owner or keeper of the impounded animal(s) shall be responsible for all charges incurred in impounding the animal.
(g) Upon impounding the animal(s), the Police Department shall make all reasonable efforts to notify the owner or keeper of the impoundment. If attempts to notify the owner or keeper of the impoundment in person or by telephone are unsuccessful, notice may be made by posting written notification of the impoundment at the premises from which the animal(s) was removed.
(h) Disposition of impounded animal.
(1) When an animal has been seized and impounded pursuant to the provisions of this Section, upon motion of the Town prosecutor, the Municipal Court may enter an order of forfeiture of the animal if the Court finds that there is a continuing threat to the health and welfare of the animal in the event the animal is returned to the owner or keeper.
(2) A copy of the prosecutor’s motion for forfeiture, along with notice of the hearing, shall be personally served on the owner or keeper, or mailed first-class mail to the last known address of the owner or keeper at least five (5) days prior to the date set for the hearing.
(3) The Town shall bear the burden of proof at the hearing, by a preponderance of the evidence. If the owner or keeper, without good cause, fails to appear at the hearing, the animal shall be deemed abandoned and, upon proper proof of the need for forfeiture, may be ordered forfeited.
(4) The owner or keeper of the animal shall have the rights afforded defendants in judicial proceedings, including the right to be represented by counsel, the right to cross-examine the Town’s witnesses and the right to compel the attendance of witnesses. The defendant shall not have the right to a jury trial on the issue of forfeiture.
(5) The hearing shall be conducted as an administrative hearing and the rules of evidence shall not be binding. Any and all documentary evidence deemed relevant by the Municipal Judge may be received in evidence. The Municipal Judge shall have the power to determine that the animal be further confined, to order that the owner or keeper take specific steps to provide for the health and welfare of the animal, or to order that the owner or keeper forfeit ownership of the animal, which shall then be surrendered to the appropriate animal shelter.
(6) The owner or keeper of an animal that is the subject of a motion brought under this Section shall be liable for the cost of the care, keeping, transport or disposal of the animal. In no event shall the Town or its employees or staff be liable for such costs.
(7) The Municipal Court in its discretion may order a forfeiture authorized by this Section as an element of sentencing, as a condition of probation or as a condition of a deferred sentence.
(8) Bond. The owner, possessor or keeper of an animal that has been impounded because of alleged neglect, abuse or cruelty shall post a bond, in an amount to be determined by the Police Department, to cover the estimated costs of the care and keeping of the animal from the date the animal was taken into custody to the date of the hearing. Such bond shall be filed with the Court within five (5) days of the date of written notification of such bond to the owner, possessor or keeper. In the event the owner, possessor or keeper fails to post bond as required herein, the animal shall be deemed abandoned, the hearing on the issue of forfeiture vacated and the custody of the animal shall be deemed transferred to the appropriate animal shelter.
(9) If, in the opinion of a licensed veterinarian, the animal is experiencing extreme pain or suffering or is severely injured past recovery, severely disabled past recovery or severely diseased past recovery, the animal may be euthanized without a court order.
(10) An animal that is not claimed by its owner, possessor or keeper within five (5) days after being eligible for release from impoundment pursuant to this Section shall be deemed abandoned and may be disposed of at the discretion of the appropriate animal shelter.
(i) It is a specific defense to a charge of violating Subsection (a) above that the action was necessary to avoid a rodent pest relocation, infestation or other damage to the real property of another. (Ord. 303 §11-705, 1977; Ord. 425 §§1-3, 1995; Ord. 884 §1, 2007; Ord. 1028 §§18, 19, 2010; Ord. 1070 §3, 2012)