4.340 Animal Neglect.
(1) As used in this section, “minimum care” means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to, the following requirements:
(a) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight.
(b) Open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Snow or ice is not an adequate water source.
(c) In the case of pet or domestic animals, access to a barn, dog house or other enclosed structure sufficient to protect the animal from wind, rain, snow or sun and which has adequate bedding to protect against cold and dampness.
(d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease.
(e) Pet or domestic animals shall not be confined to an area without adequate space for exercise necessary for the health of the animal or which does not allow access to a dry place for the animal to rest. The air temperature in a confinement area must be suitable for the animal involved. Confinement areas must be kept reasonably clean and free from excess waste or other contaminants which could affect the animal’s health.
(2) Animal neglect in the second degree. A person commits the offense of animal neglect in the second degree if, except as otherwise authorized by law, the person intentionally, knowingly, recklessly or with criminal negligence:
(a) Fails to provide minimum care for an animal in such person’s custody or control; or
(b) Tethers a domestic animal in the person’s custody or control and the tethering results in physical injury to the domestic animal.
(3) Animal neglect in the first degree. A person commits the offense of animal neglect in the first degree if, except as otherwise authorized by law, the person intentionally, knowingly, recklessly or with criminal negligence:
(a) Fails to provide minimum care for an animal in the person’s custody or control and the failure to provide care results in serious physical injury or death to the animal; or
(b) Tethers a domestic animal in the person’s custody or control and the tethering results in serious physical injury or death to the domestic animal.