§ 4-4. Cruelty to animals.
(a)
Whoever wilfully or maliciously kills, abuses, maims or disfigures any animal or wilfully or maliciously administers poison to any animal or exposes any poisonous substance with intent that the same shall be taken and swallowed by such animal shall be in violation of this Code.
(b)
Whoever overloads, overdrives, tortures, torments or deprives an animal of its necessary sustenance or shelter or cruelly or unmercifully beats, mutilates, whips or kills any animal or causes the same to be done, or otherwise treats any animal in a cruel or inhumane manner shall be deemed in violation of this Code.
(c)
Whoever confines any animal and fails to supply sufficient quantities of wholesome food and water, or who keeps any animal in any enclosure without wholesome exercise and change of air, or abandons to die any animal shall be deemed in violation of this Code.
(d)
Any animal control officer shall impound any animal found to be treated cruelly. The disposition of such animal shall be at the discretion of the director of animal control or his designee. This disposition could include returning the animal to its owner or retaining the animal if the violation is found to be intentional.
(1)
If the director of animal control determines that the cruelty is, in fact, intentional and a determination is made to retain the animal rather than return the animal, then the owner of the animal shall be given five days' notice to object in writing to the director of animal control. A disposition of the animal shall be made as quickly after the five-day period as is reasonably practical.
(2)
If an owner objects to the disposition of the animal as determined by the director of animal control or his designee, then the owner shall have the right to appeal said decision to the Rome Municipal Court and said appeal shall be made within 30 days of the decision. The animal control department will keep the animal in its custody and control pending said appeal unless otherwise directed by the court.
(Code 1959, § 5-3; Code 1981, § 4-4003; Ord. No. 2008-11-1, § II, 11-3-08)