§ 8-16-10. Adequate food, water, shelter, care and conditions—Defined—Penalties.
A.
For the purposes of this section, the following words and phrases shall have the meanings ascribed to them by this section:
Adequate care shall include but not be limited to current vaccinations and/or medical treatment for illness, injury, disease, excessive parasitism, or any malformations.
Adequate conditions shall include but not be limited to adequate care, food, shelter, and water as defined in this section; some examples include, but are not limited to the following:
1.
Owning or having a companion animal that injures a member of the general public or interferes with the ordinary use and enjoyment of their property;
2.
Allowing or permitting a cat to damage the property of anyone other than its owner, including defecating upon the property of another;
3.
Maintaining companion animals in an unsanitary environment which results in offensive odors or is dangerous to the public health, welfare, or safety so as to increase the probability of the transmission of disease;
4.
Maintaining a companion animal that is diseased and thus dangerous to the public health.
Adequate food means food that is not spoiled or contaminated and is of sufficient quantity and quality to meet the normal daily requirements for the condition and size of the animal and environment in which it is kept. An animal shall be fed or have food available at least once each day, unless a licensed veterinarian instructs otherwise, or withholding is in accordance with accepted agricultural or veterinarian practices.
Adequate shelter means 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 and shall include, but not be limited to, proper restraints as defined in section 8-16-6.
Adequate water means fresh, potable water provided at suitable intervals for the species and which in no event shall exceed 24 hours at any interval. The animal must have access to the water.
Companion animal means domesticated animals kept in or near the household for the primary purpose of companionship for members of the household and/or companionship for other such animals. This includes dogs, cats, rabbits, guinea pigs, hamsters, rats, mice, ferrets, birds, reptiles, amphibians, invertebrates and species that a reasonable person would consider to be a pet.
Person means an individual, firm, partnership, or corporation or authorized agent or representative of a person, partnership, or corporation.
B.
No person may possess, lodge, or maintain over five companion animals if such a person displays a general disregard for the conditions under which the animals are living, including, but not limited to, failing to provide all the following to all the companion animals in his care: adequate food, water, shelter, care and conditions.
C.
A person in violation of this section is guilty of a misdemeanor. Upon conviction for companion animal hoarding, as defined in subsection (B) of this section, the city court, court of general sessions, or a court of competent jurisdiction 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 programs and educational programs or both;
3.
Undergo a behavioral health evaluation and comply with any recommendations resulting from the evaluation;
4.
Forfeit to the Memphis Animal Shelter animals that are the basis of conviction;
5.
Sterilize the companion animals, with sterilization being mandatory upon a second violation; or
6.
Pay appropriate fees and fines.
(Ord. No. 5214, § 12, 9-7-2007)
State law reference
Cruelty to animals, T.C.A. § 39-14-202.