ARTICLE IV. - ANIMAL CARE; SPAYING AND NEUTERING OF DOGS AND CATS

Part of the Code of Ordinances of Warwick, RI.

Local law · Updated July 8, 2025 · 2,073 sections

The text

Sec. 4-111. - Purpose.#

The purpose of this article is to: (1)

Protect the owners of dogs and cats from the sale or use of stolen pets;

(2)

Ensure that all warmblooded vertebrate animals, as items of commerce, are provided humane care and treatment by regulating the transportation, sale, purchase, housing, care, handling and treatment of such animals by persons or organizations engaged in transporting, buying, or selling them for such use;

(3)

Ensure that animals confined in pet shops, kennels, animal shelters, auction markets and pounds are provided humane care and treatment;

(4)

Release for sale, trade or adoption only those animals which appear to be free of infection, communicable disease, or abnormalities, unless veterinary care subsequent to release is assured; and

(5)

Ensure the spaying and neutering of dogs and cats which are adopted from the releasing agency.

(Ord. No. O-94-10, § 1(3-61.1), 5-9-94)

Sec. 4-112. - Definitions.#

As used in this article and the regulations promulgated thereunder, the following terms shall have the meanings designated in this section:

Adequate feed means the provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a sanitized receptacle, dish or container.

Adequate water means a constant access to a supply of clean, fresh potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed 24 hours at any interval.

Adopt means the voluntary acquisition of and assumption of responsibility for a dog or a cat from a releasing agency.

Adopting party means any person who enters into a contract acquiring a dog or cat from a releasing agency.

Ambient temperature means the temperature surrounding the animal.

Animal means any dog, cat, rabbit, rodent, nonhuman primate, bird or other warmblooded vertebrate, but shall not include horses, cattle, sheep, goats, swine and domestic fowl.

Animal control officer means any person employed, contracted or appointed by the state or any political subdivision thereof for the purpose of aiding in the enforcement of this article or any other law or ordinance relating to the licensing of dogs, control of dogs, or seizure and impoundment of dogs, and includes any state or municipal peace officer, animal control officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure or taking into custody of any dog.

Animal shelter means a facility which is used to house or contain animals and which is owned, operated or maintained by a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals.

Breeder means a person engaged in the propagation of purebred dogs and/or cats for the purpose of improving and enhancing a breed recognized and registered by the American Kennel Club, the American Field Stud Book or a registered cat breed association.

Dealer means any person who sells, exchanges, donates or offers to sell, exchange or donate animals to another dealer, pet shop or research facility; or who breeds dogs and/or cats for the purpose of selling or donating to another dealer or pet shop, or research facility.

Director means the director of environmental management of the state.

Euthanasia means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during that loss of consciousness.

Hobby breeder means those persons whose regular occupation is not the breeding and raising of dogs and cats and whose method of sale is at retail only.

Housing facility means any room, building or area used to contain a primary enclosure or enclosures.

Kennel means a place or establishment other than a pound or animal shelter where animals not owned by the proprietor are sheltered, fed and watered in return for a fee.

Neuter means to surgically render a male dog or cat unable to reproduce.

Pet shop means an establishment where animals are bought, sold, exchanged or offered for sale or exchange to the general public at retail. This shall not include an establishment or person whose total sales are the offspring of canine or feline females maintained on their premises and sold from those premises.

Pound and dog pound mean a facility operated by the state, or any political subdivision thereof, for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats and other animals; or a facility operated for that purpose under a contract with any municipal corporation or incorporated society for the prevention of cruelty to animals.

Primary enclosure means any structure used to immediately restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment or hutch.

Public auction means any place or location where dogs or cats are sold at auction to the highest bidder, regardless of whether those dogs or cats are offered as individuals, as a group or by weight.

Releasing agency means any animal shelter, animal rescue league, pound, dog pound, animal control facility, animal control officer, humane society, or society for the prevention of cruelty to animals.

Research facility means any place, laboratory or institution at which scientific tests, investigations or experiments involving the use of living animals are carried out, conducted or attempted.

Sanitize means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health.

Sexual maturity is achieved when a female dog or cat reaches six months of age and when a male dog or cat reaches eight months of age; in all instances the releasing agency will determine the age of the dog or cat.

Spay means to surgically render a female dog or cat unable to reproduce.

State veterinarian means a licensed veterinarian from the department of environmental management.

(Ord. No. O-94-10, § 1(3-61.2), 5-9-94)

Cross reference— Definitions generally, § 1-2.

Sec. 4-113. - Mandatory spaying and neutering of dogs and cats adopted from a licensed releasing agency.#

(a)

(1)

No licensed releasing agency shall release, sell, trade, give away, exchange, adopt out, or otherwise transfer with or without a fee any dog or cat that has not been spayed or neutered unless the adopting party executes a written agreement with the licensed releasing agency to have the dog or cat spayed or neutered in accordance with subdivisions (2) and (3).

(2)

The licensed releasing agency is authorized to enter into a written adoption agreement with the adopting party provided that at the time of execution of the written agreement, the licensed releasing agency collect from the adopting party an amount equal to the cost to the licensed releasing agency for the spaying or neutering of the dog or cat to be adopted. The written agreement must include the dog or cat's age, sex, and general description; the date the adoption agreement was executed; the date by which the licensed releasing agency anticipates that the dog or cat will be spayed or neutered; the date by which the adoptive party shall claim the dog or cat; the adopting party's name, address, phone number, and signature; the licensed releasing agency's name, address, phone number, and the dollar amount remitted to the licensed releasing agency for the cost of spaying or neutering the dog or cat.

(3)

After execution of the agreement, the licensed releasing agency shall cause the dog or cat to be spayed or neutered and, when medically fit, shall transfer custody of the dog or cat to the adopting party. Any dog or cat that is not claimed by the adoptive party within ten days of the date enumerated in the written adoption agreement shall be considered unclaimed and may be offered for adoption to another party.

(b)

The following are exemptions from the provisions of subsection (a):

(1)

A licensed releasing agency returns a stray dog or cat to its owner.

(2)

A licensed releasing agency receives a written report from a licensed veterinarian stating that the life of the dog or cat would be jeopardized by the surgery and that this health condition is likely to be permanent.

(3)

A licensed releasing agency receives a written report from a licensed veterinarian stating that there is a temporary health condition, including sexual immaturity, which would make surgery life threatening to the dog or cat or impracticable, in which instance the licensed releasing agency shall enter into a written agreement for the spaying or neutering of the dog or cat upon resolution of the temporary health condition or the animal reaching maturity and shall collect from the adopting party an amount equal to the cost to the licensed releasing agency for the spaying or neutering of the dog or cat to be adopted. The licensed releasing agency may then allow the transfer of the dog or cat to the adopting party who shall return the dog or cat to the licensed releasing agency for spaying or neutering upon resolution of the temporary health condition or the animal reaching sexual maturity. The licensed releasing agency may grant the adopting party an appropriate extension of time in which to have the dog or cat spayed or neutered based on the veterinarian's report.

(4)

A licensed releasing agency transfers a dog or cat to another licensed releasing agency.

(c)

If requested to do so, a licensed releasing agency shall refund fees collected for the purpose of spaying or neutering the dog or cat to the adopting party upon reasonable proof being presented to the releasing agency by the adopting party that the dog or cat died before the spaying or neutering was required to be completed.

(d)

Any and all licensed releasing agencies:

(1)

May enter into cooperative agreements with each other and with veterinarians in carrying out this section; and

(2)

Shall make a good faith effort to cause an adopting party to comply with this section.

(Ord. No. O-94-10, § 1(3-61.3), 5-9-94; Ord. No. O-17-18, § I, 7-18-17; Ord. No. O-17-19, § I, 7-18-17)

Sec. 4-114. - Same—Use of forfeited deposits.#

Deposits required by section 4-113 which are unclaimed after 60 days from the date of adoption or 60 days from when the dog or cat reaches sexual maturity, whichever is later, will be forfeited by the adopting party and retained by the releasing agency and shall be used for the following purposes: (1)

A public education program to prevent overpopulation in dogs and cats;

(2)

A program to spay and neuter dogs and cats that are available for adoption by the releasing agency;

(3)

A followup program to ensure that dogs and cats adopted from the releasing agency are spayed or neutered; or

(4)

To defray additional costs incurred by the releasing agency in complying with section 4-113.

(Ord. No. O-94-10, § 1(3-61.4), 5-9-94)

Sec. 4-115. - Same—Violations; penalties; disposition of fines.#

(a)

Violations by adopting party. Violations of the provisions of section 4-113 or the written agreement executed pursuant thereto by an adopting party shall be punishable as provided in section 18-1. Each and every incidence of noncompliance by an adopting party which continues unremedied for 30 days after written notice of a violation hereunder shall constitute a subsequent offense and the attendant penalties will apply. Second and subsequent offenses may constitute grounds for seizure and forfeiture of the dog or cat, which seizure will be conducted by an animal control officer or a police officer for the city or town in which the adopting party resides, and the seized animal will be returned to the releasing agency from which it was adopted, which releasing agency will be free to adopt out or euthanize the seized dog or cat. The adopting party shall lose all ownership rights in the seized dog or cat, shall forfeit all rights to any fee or deposit paid for the dog or cat, and shall have no claim against the releasing agency or any other person for any expenses incurred by the adopting party for the dog or cat's maintenance. The provisions of sections 4-113 through 4-115 will be enforced against an adopting party by an animal control officer or a police officer for the city or town in which the adopting party resides.

(b)

Violations by releasing agency. Violations of the provisions of section 4-113 or 4-114 by a releasing agency shall be punishable by a fine of $100.00 for the first offense, $250.00 for the second offense and $500.00 for the third and subsequent offenses. The third and subsequent offenses may result in the temporary or permanent revocation of the releasing agency's license to operate. Compliance by the releasing agency with the provisions of sections 4-113 through 4-115 will be monitored as to the releasing agencies by the state veterinarian.

(c)

Disposition of fines. All fines collected under subsection (a) of this section will be remitted to the town clerk or city clerk of the municipality where the adopting party of the dog or cat resides. Such fines shall be used by the municipality only for enforcing animal control laws or ordinances or for programs to reduce the population of unwanted stray dogs and cats in the municipality, including humane education programs or programs for the spaying or neutering of dogs or cats. All fines collected under subsection (b) of this section will be remitted to the general treasurer and placed in a separate fund within the general fund to be called the "animal health fund," which shall be administered by the general treasurer in the same manner as the general fund. All funds deposited in the animal health fund shall be made available to the state department of environmental management, division of agriculture, to defray any costs or expenses in incurred by the state veterinarian in the enforcement of sections 4-113, 4-114 and 4-115.

(Ord. No. O-94-10, § 1(3-61.5), 5-9-94)

Sec. 4-116. - Findings, purpose and intent.#

(a)

The city council finds and determines that:

(1)

An unacceptable number of healthy but abandoned cats are euthanized annually in Rhode Island.

(2)

Due to the large number of stray and abandoned cats, euthanasia is not a cost effective, acceptable or ethical solution to the threats of public health and safety posed by large populations of stray domestic animals.

(3)

Stray and abandoned pets, specifically cats, create numerous public health and safety problems, including transmission of disease and traffic hazards created by cats running loose on public streets.

(4)

A license system for breeding of cats owned or harbored in the City of Warwick combined with a program for spaying/neutering is a reasonable and effective means of reducing the population of abandoned or stray cats, and for eliminating the practice of euthanizing homeless cats except those for whom euthanasia is an escape from suffering or necessary to protect people and/or other animals from vicious behavior.

(b)

Declaration of intent. The city council hereby finds and declares that it intends to provide for the public health, safety and welfare through a program requiring spaying and neutering cats unless appropriate licenses are acquired.

(Ord. No. O-06-1, § I, 1-9-06)

Sec. 4-117. - Spaying/neutering.#

(a)

No person shall own or harbor within the city any cat over the age of six months which has not been spayed or neutered, unless such person holds a license to keep an unaltered cat, or a license for breeding cats issued by the director of the animal shelter of the City of Warwick.

(b)

A license to breed and sell shall be issued to an individual for an unaltered cat if the owner pays a fee of $100.00 per cat per year with a signed application. All funds from breeding licenses shall be deposited in the City of Warwick's Spay/Neuter Account to be managed by the Director of the Warwick Animal Shelter.

(c)

Any person providing care or sustenance for a period of 30 days or longer shall be deemed the owner of such cat and shall adhere to the provision of this section.

(d)

Subsection (c) above shall not be interpreted to apply to a person caring for a colony of feral cats if such person:

(1)

Regularly feeds or arranges for the feeding of the colony, including on weekends and holidays;

(2)

Traps or makes a reasonable effort to trap all feral cats over the age of eight weeks in his/her care, and has them spayed or neutered;

(3)

Has all trapped cats tested for feline leukemia and has those who test positive humanely euthanized or isolated indoors;

(4)

Identifies feral cats that have been spayed or neutered by means of ear notching, ear tipping, or ear tagging; and

(5)

Has all trapped cats vaccinated according to state and local laws.

(Ord. No. O-06-1, § II, 1-9-06)

Sec. 4-118. - Breeding licenses.#

(a)

No person shall cause or allow any cat owned or harbored in the city to breed without first obtaining a breeding license under this section.

(b)

The Director of the City of Warwick Animal Shelter shall administer a license program to allow breeding of cats consistent with criteria and according to procedures contained in the city ordinances.

(c)

Each applicant who is issued a license to breed cats under this section shall pay a breeding license fee of $100.00 per year per cat.

(d)

No person shall cause or allow the breeding of a male or female cat without first obtaining a breeding license issued by the Director of the Warwick Animal Shelter. Breeding licenses shall be valid for 12 months, renewable on an annual basis. Fees for such licenses shall be as set forth. All breeding licenses shall contain the following terms and conditions and be subject to all of the following requirements:

(1)

No offspring may be sold or adopted and permanently placed until reaching an age of at least eight weeks.

(2)

Any license holder advertising to the public the availability of any cat for adoption or sale must prominently display the license number in any publications in which they advertise. Further, the license number must be provided to any person adopting or purchasing any cat bred by the license holder.

(3)

The breeding license holder shall adhere to minimum standards regarding the care and keeping of animals developed and approved by Rhode Island state law.

(Ord. No. O-06-1, § III, 1-9-06)

Sec. 4-119. - Sale or adoption of cats.#

(a)

Any person who provides or offers to the public, whether or not for compensation, any pet or pet related goods (where they are the primary products) or pet services shall provide to their clients, free of charge, information relating to pet care and ownership, including information on city laws pertaining to animal control. This required information will be prepared and provided by the person offering the pet or related goods.

(b)

Any person offering cats for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing requirements of the City of Warwick applicable to such cats.

(c)

No person shall offer for sale or adoption any cat on any public street, sidewalk, or public park unless such person first obtains a license to sell pets or is a recognized pet rescue/adoption.

(d)

Any cat adopted from any animal welfare agency shall be spayed or neutered as early as is medically appropriate, but no later than six months of age, unless the adoptive owner obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal, and the approximate date when the cat can be spayed or neutered.

(Ord. No. O-06-1, § IV, 1-9-06)

Sec. 4-120. - Revocation of license.#

(a)

Any license issued may be revoked if the director of the animal shelter has reasonable cause to believe any of the following to be true:

(1)

The licensee has violated any state or local ordinances relating to the keeping, care or use of any animal.

(2)

The licensee is in violation on any state health or safety law or regulation regarding animal care or control;

(3)

The licensee has failed to comply with any condition or requirement of the license or has failed to pay any fee imposed under this article;

(4)

The licensee refuses to allow inspection, upon 48 hours written notice, of any cat covered by the permit;

(5)

The licensee has transferred, sold or otherwise disposed of the cat for which the permit was issued.

(b)

If, after investigation, the director of the animal shelter concludes that it is probable that one or more of the above grounds for revocation has occurred, it shall cause written notice thereof to be transmitted by mail to the address of the licensee. Said notice shall specify the grounds of possible revocation of the license and shall specify a date and time for an informal hearing to be held before the director of the animal shelter. Said date shall not be less than five days subsequent to the date the notice is mailed. After the informal hearing, the director of the animal shelter may modify the terms of the license or revoke the license.

(Ord. No. O-06-1, § V, 1-9-06)

Sec. 4-121. - Penalty for violation.#

Any person who violates the provisions of this act shall have no more than 30 days to have their cat spayed or neutered. The director of the animal shelter may inform persons subject to this law to the availability of reduced cost or free of cost spay/neuter programs sponsored by local humane organizations. If an animal is not spayed or neutered within 30 days of notice they shall be subject to a $100.00 fine for each 30 days the subject animal is not spayed or neutered.

(Ord. No. O-06-1, § VI, 1-9-06)

Sec. 4-122. - Responsibility for enforcement.#

The director of the animal shelter shall be responsible for the enforcement and administration of this ordinance, with the assistance of animal control.

(Ord. No. O-06-1, § VII, 1-9-06)

Sec. 4-123. - Transition.#

Persons harboring a cat subject to this article on the date it becomes effective shall have 120 days from such date to comply herewith.

(Ord. No. O-06-1, § VIII, 1-9-06)

Sec. 4-124. - Findings, purpose and intent.#

(a)

The city council finds and determines that:

(1)

There is over breeding of American Pitbull Terriers, American Staffordshire Terriers and dogs that are mixes of the two breeds.

(2)

Due to the large number of these dogs, euthanasia is not a cost effective, acceptable or ethical solution to the threats of public health and safety posed by large populations of these dogs.

(3)

A license system for breeding of American Pitbull Terriers, American Staffordshire Terriers and dogs that are mixes of the two breeds in the City of Warwick, combined with a program for spaying/neutering, is a reasonable and effective means of reducing the population of these dogs, and for eliminating the practice of euthanizing these dogs, which oftentimes are unwanted and abandoned, except where euthanasia is necessary to protect people and/or other animals from vicious behavior.

(b)

(Ord. No. O-10-7, § I, 5-18-10)

Sec. 4-125. - Spaying/neutering.#

(a)

No person shall own or harbor within the city any American Pitbull Terrier, American Staffordshire Terrier or a dog that is a mix of the two breeds over the age of six months, which has not been spayed or neutered, unless such person holds a license to keep an unaltered American Pitbull Terrier, American Staffordshire Terrier or a dog that is a mix of the two breeds, or a license for breeding said dogs issued by the director of the animal shelter of the City of Warwick.

(b)

A license to breed and sell shall be issued to an individual for an unaltered American Pitbull Terrier, American Staffordshire Terrier or a dog that is a mix of the two breeds if the owner satisfies the following requirements:

(i)

Provide registration for the dog;

(ii)

A conformation title or proof of entry in conformation dog shows on three separate occasions within two years or provide a valid contract from the dog's registered breeder prohibiting sterilization until the dog attains the age set forth in the contract;

(iii)

Pay a fee of $100.00 per dog per year with a signed application.

All funds from breeding licenses shall be deposited in the City of Warwick's Spay/Neuter Account to be managed by the Director of the Warwick Animal Shelter.

(c)

Any person providing care or sustenance for a period of 30 days or longer shall be deemed the owner of such dog and shall adhere to the provision of this section.

(Ord. No. O-10-7, § I, 5-18-10)

Sec. 4-126. - Breeding licenses.#

(a)

No person shall cause or allow any American Pitbull Terrier, American Staffordshire Terrier or a dog that is a mix of the two breeds owned or harbored in the city to breed without first obtaining a breeding license under this section.

(b)

The Director of the City of Warwick Animal Shelter shall administer a license program to allow breeding of these dogs consistent with criteria and according to procedures contained in the city ordinances.

(c)

Each applicant who is issued a license to breed American Pitbull Terriers, American Staffordshire Terriers or dogs that are a mix of the two breeds, under this section shall pay a breeding license fee of $100.00 per year per dog.

(d)

No person shall cause or allow the breeding of such male or female dog without first obtaining a breeding license issued by the Director of the Warwick Animal Shelter. Breeding licenses shall be valid for 12 months and are renewable on an annual basis. Fees for such licenses shall be as set forth herein. All breeding licenses shall contain the following terms and conditions and be subject to all of the following requirements:

(1)

No offspring may be sold or adopted and permanently placed until reaching an age of at least eight weeks.

(2)

Any license holder advertising to the public the availability of such dog for adoption or sale must prominently display the license number in any publications in which they advertise. Further, the license number must be provided to any person adopting or purchasing any dog bred by the license holder.

(3)

The breeding license holder shall adhere to minimum standards regarding the care and keeping of animals developed and approved under Rhode Island state law.

(Ord. No. O-10-7, § I, 5-18-10)

Sec. 4-127. - Sale or adoption of dogs.#

(a)

(b)

Any person offering an American Pitbull Terrier, American Staffordshire Terrier or a dog that is a mix of the two breeds for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing requirements of the City of Warwick applicable to such dogs.

(c)

No person shall offer for sale or adoption any such dog on any public street, sidewalk, or public park unless such person first obtains a license to sell pets or is a recognized pet rescue/adoption operator.

(d)

Any such dog adopted from any animal welfare agency shall be spayed or neutered as early as is medically appropriate, but no later than six months of age, unless the adoptive owner obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal, and the approximate date when the dog can be spayed or neutered.

(Ord. No. O-10-7, § I, 5-18-10)

Sec. 4-128. - Revocation of license.#

(a)

Any license issued may be revoked if the director of the animal shelter has reasonable cause to believe any of the following to be true:

(1)

The licensee has violated any state or local ordinances relating to the keeping, care or use of any animal.

(2)

The licensee is in violation on any state health or safety law or regulation regarding animal care or control;

(3)

The licensee has failed to comply with any condition or requirement of the license or has failed to pay any fee imposed under this article;

(4)

The licensee refuses to allow inspection, upon 48 hours written notice, of any dog covered by the permit;

(5)

The licensee has transferred, sold or otherwise disposed of the dog for which the permit was issued.

(b)

(Ord. No. O-10-7, § I, 5-18-10)

Sec. 4-129. - Penalty for violation.#

Any person who violates the provisions of this act shall have no more than 30 days to have their dog spayed or neutered. The director of the animal shelter may inform persons subject to this law about the availability of reduced cost or free of cost spay/neuter programs sponsored by local humane organizations. If an animal is not spayed or neutered within 30 days of notice, they shall be subject to a $100.00 fine for each 30 days the subject animal is not spayed or neutered.

(Ord. No. O-10-7, § I, 5-18-10)

Sec. 4-130. - Responsibility for enforcement.#

The director of the animal shelter shall be responsible for the enforcement and administration of sections 4-124—4-131, with the assistance of animal control.

(Ord. No. O-10-7, § I, 5-18-10)

Sec. 4-131. - Transition.#

Persons harboring a dog subject to this article on the date it becomes effective shall have 120 days from such date to comply herewith.

(Ord. No. O-10-7, § I, 5-18-10)

Sec. 4-132. - Devocalization prohibited.#

(a)

No person shall surgically debark or silence a dog or cat, or cause the surgical debarking or silencing of a dog or cat, unless a veterinarian licensed in this state has filed a written certification with the city animal control officer in the police department stating that the surgical debarking or silencing is medically necessary to treat or relieve an illness, disease, or injury, or correct a congenital abnormally that is causing or will cause the dog or cat medical harm or pain.

(b)

The written certification described in (a) shall contain the date and description of the veterinarian's examination and evaluation of the dog or cat, statement certifying that surgical debarking or silencing is medically necessary to treat or relieve an illness, disease, or injury, or correct a congenital abnormality that is causing or will cause the dog or cat harm or pain; any supporting diagnosis and findings, the name and current address and telephone number of the dog or cat's owner or keeper, and the name and current address and telephone number, state license number, and signature of the veterinarian.

(c)

No person, except a veterinarian licensed in this state, using anesthesia, may surgically debark or silence a dog or cat.

(d)

Any person in violation of this section shall be subject to the penalties in section 1-4 of the Code of Ordinances. The municipal court shall have jurisdiction to hear cases involving violations of this section. In addition to any other penalty provided by law, a person convicted under this section may be barred from owning or possessing any animals, or living on the same property with someone who owns or possesses animals, for a period of time deemed appropriate by the court, and required to take humane education, pet ownership and dog training classes as ordered by the court.

(e)

Any person or business selling a dog or cat for profit shall disclose whether the dog or cat has been surgically debarked or silenced and provide the purchaser with a copy of the veterinarian certification required by section (a) above.

(Ord. No. O-11-3, § I, 3-16-11)

Sec. 4-133. - Animal confinement in motor vehicles prohibited.#

(a)

No owner or person shall confine any animal in a motor vehicle in such a manner that places it in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of an animal, an animal control officer or law enforcement officer who has probable cause to believe that this section is being violated shall have authority to enter such motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible.

(b)

A law enforcement officer or animal control officer may take all steps that are reasonably is necessary to remove an animal from a motor vehicle if the animal's safety, health or well-being appears to be in immediate danger from heat, cold or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme suffering or death.

Nothing in this section shall prevent a law enforcement officer or animal control officer from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.

(c)

A law enforcement officer or animal control officer who removes an animal in accordance with this section shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing the officer's or agent's name and office and the address of the location where the animal may be claimed. The owner may claim the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment and impoundment of the animal.

(d)

A law enforcement officer or animal control officer who removes an animal from a motor vehicle pursuant to this section is immune from criminal or civil liability that might otherwise result from the removal.

(e)

Any person who knowingly violates this section shall be subject to the penalties in section 1-4 of the Code of Ordinances.

(Ord. No. O-11-1, § I, 1-11-11)