(a) Any person with the control over an animal shall provide the animal with an adequate space within the property of the custodian that allows for free movement.
(b) Any person who confines, binds or otherwise limits the movement of an animal, and in so doing, causes unnecessary suffering, shall be guilty of a misdemeanor that entails the imposition of an individual fine, not to exceed ninety (90) days, a fine or a daily punishment by community service not to exceed ninety (90) days or home confinement or house arrest in calendar days up to ninety (90) days, or a combination of these punishments, which shall sum up to not more than ninety (90) days. Provided, further, that to walk the animal, a collar and leash is mandatory in order to control the animal, in pertinent cases, without causing harm or suffering, except for animals weighing over sixty (60) pounds, which require a safety collar.
(c) Instances of recidivism in this crime shall be punished by imprisonment for up to six (6) months.
(d) If upon conviction, the accused qualifies and avails him/herself of serving time on probation or any alternative method other than jail imprisonment, the punishment shall entail a mandatory fine ranging from five hundred [dollars] ($500) to two thousand dollars ($2,000). Thereafter, for each instance of recidivism, the sum of the last fine imposed by the court shall double.
History —Aug. 4, 2008, No. 154, § 2.2.