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The following terms are defined for use in this chapter.
1. “Advertise” means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag or articulation.
2. “Animal” means a nonhuman vertebrate.
(Code of Iowa, Sec. 717B.1)
3. “Animal abuse or neglect” shall be defined by the Code of Iowa, Section 717B.2 and 717B.3.
4. “Animal shelter” means a facility which is used to house or contain dogs or cats, or both, and which is owned, operated, or maintained by an 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 such animals.
(Code of Iowa, Sec. 162.2)
5. “At large” means running or found within the City upon any street, alley, sidewalk, public, or private grounds. An animal, properly licensed as required by law, shall not be deemed at large if any of the following is true:
A. It is on the premises of the owner; or
B. It is under the control of a person competent to restrain and control the animal, either by leash, cord, chain or other similar restraint not more than six feet in length, or properly restrained within a motor vehicle; or
C. It is properly housed in a veterinary hospital or registered kennel; or
D. It is accompanied by or at heel beside and obedient to the commands of the owner or a person capable of controlling the animal.
Notwithstanding any other provision of this chapter, any animal shall be deemed at large at any time when attacking persons or domestic animals, destroying property or when on a public school ground, except when under restraint as set out in paragraphs B and D of this subsection. Further, any female dog in heat shall be deemed at large at any time when not under restraint as set out in paragraphs A and C of this subsection.
6. “Business” means any enterprise relating to any of the following:
A. The sale or offer for sale of goods or services.
B. A recruitment for employment or membership in an organization.
C. A solicitation to make an investment.
D. An amusement or entertainment activity.
7. “Cat” means and includes all members of the Felis Domestica species, male or female, whether altered or not. The definition of cat specifically excludes a feral cat. Feral cats are born in the wild or may be abandoned or lost pets that have reverted to a wild state.
8. “Commercial establishment” means an animal shelter, boarding kennel, commercial breeder, commercial kennel, dealer, pet shop, pound, public auction, or research facility.
(Code of Iowa, Sec. 717.B1)
9. “Dog” means and includes both male and female animals of the Canine species, including spayed or neutered dogs.
10. “Fair” means any of the following:
A. The annual fair and exposition held by the Iowa State Fair Board pursuant to Chapter 173 of the Code of Iowa or any fair event conducted by a fair under the provisions of Chapter 174 of the Code of Iowa.
B. An exhibition of agricultural or manufactured products.
C. An event for operation of amusement rides or devices or concession booths.
11. “Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa.
12. “Injury” means an animal’s disfigurement; the impairment of an animal’s health; or an impairment to the functioning of an animal’s limb or organ, or the loss of an animal’s limb or organ.
(Code of Iowa, Sec. 717.B1)
13. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine or porcine species, ostriches, rheas and emus; farm deer as defined in Section 170.1 of the Code of Iowa; or poultry.
(Code of Iowa, Sec. 717.1)
14. “Livestock abuse or neglect” shall be defined by the Code of Iowa, Section 717.1A and 717.2.
15. “Owner” means any person owning, keeping, sheltering, or harboring an animal.
16. “Pet” means a living dog, cat, or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko, or iguana.
17. “Pound” means a facility for the prevention of cruelty to animals operated by the State, a municipal corporation, or other political subdivision of the State for the purpose of impounding or harboring seized stray, homeless, abandoned, or unwanted dogs, cats, or other animals; or a facility operated for such a purpose under a contract with any municipal corporation or incorporated society.
(Code of Iowa, Sec. 162.2)
18. “Research facility” means any school or college of medicine, veterinary medicine, pharmacy, dentistry, or osteopathic medicine, or hospital, diagnostic or research laboratories, or other educational or scientific establishment situated in the State concerned with the investigation of, or instruction concerning the structure or function of living organisms, the cause, prevention, control, or cure of diseases or abnormal conditions of human beings or animals.
(Code of Iowa, Sec. 162.2)
19. “Responsible party” means a person who owns or maintains or is responsible for the care of the animal.
20. “Society” means any incorporated society or association organized for the express purpose of prevention of cruelty to animals.
21. “Vaccinated” means an animal vaccinated by a licensed veterinarian against rabies, or it means that satisfactory proof is furnished to establish such prior vaccination of the animal within eighteen months prior to the impounding or licensing of the animal if the vaccination was by modified live virus vaccine of egg embryo origin, or within six months if the vaccination was by killed tissue vaccine.
22. “Veterinarian” means a veterinarian licensed pursuant to Chapter 169 of the Code of Iowa who practices veterinary medicine in the State.
1. It is unlawful for a person who owns or has custody of an animal and confines that animal to fail to provide the animal with any of the following conditions for the animal’s welfare:
(Code of Iowa, Sec. 717B.3)
A. Access to food in an amount and quality reasonably sufficient to satisfy the animal’s basic nutrition level to the extent that the animal’s health or life is endangered.
B. Access to a supply of potable water in an amount reasonably sufficient to satisfy the animal’s basic hydration level to the extent that the animal’s health or life is endangered. Access to snow or ice does not satisfy this requirement.
C. Sanitary conditions free from excessive animal waste or the overcrowding of animals to the extent that the animal’s health or life is endangered.
D. Ventilated shelter reasonably sufficient to provide adequate protection from the elements and weather conditions suitable for the age, species, and physical condition of the animal so as to maintain the animal in a state of good health to the extent that the animal’s health or life is endangered. The shelter must protect the animal from wind, rain, snow, or sun and have adequate bedding to provide reasonable protection against cold and dampness. A shelter may include a residence, garage, barn, shed, or doghouse.
E. Grooming, to the extent it is reasonably necessary to prevent adverse health effects or suffering.
F. Veterinary care deemed necessary by a reasonably prudent person to relieve an animal’s distress from any of the following:
(1) A condition caused by failing to provide for the animal’s welfare as described in this section.
(2) An injury or illness suffered by the animal causing the animal to suffer prolonged pain and suffering.
2. This section does not apply to any of the following:
A. A person operating a commercial establishment under a valid authorization issued or renewed under Section 162.2A of the Code of Iowa, or a person acting under the direction or supervision of that person, if all of the following apply:
(1) The animal, as described in Subsection 1, was maintained as part of the commercial establishment’s operation.
(2) In providing conditions for the welfare of the animal, as described in Subsection 1, the person complied with the standard of care requirements provided in Section 162.10A[1] of the Code of Iowa, including any applicable rules adopted by the Department of Agriculture and Land Stewardship applying to: (i) a State licensee or registrant operating pursuant to Section 162.10A[2a] or [2b] of the Code of Iowa; or (ii) a permittee operating pursuant to Section 162.10A[2c] of the Code of Iowa.
B. A research facility if the research facility has been issued or renewed a valid authorization by the Department of Agriculture and Land Stewardship pursuant to Chapter 162 of the Code of Iowa, and performs functions within the scope of accepted practices and disciplines associated with the research facility.
It is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal husbandry practices or to deprive the livestock of necessary sustenance or to injure or destroy livestock by any means which causes pain or suffering in a manner inconsistent with customary animal husbandry practices.
(Code of Iowa, Sec. 717.2)
It is unlawful for a person who owns or has custody of a cat or dog to relinquish all rights in and duties to care for the cat or dog. This section does not apply to any of the following:
(Code of Iowa, Sec. 717B.8)
1. The delivery of a cat or dog to another person who will accept ownership and custody of the cat or dog.
2. The delivery of a cat or dog to an animal shelter or that has been issued or renewed a valid authorization by the Department of Agriculture and Land Stewardship under Chapter 162 of the Code of Iowa.
3. A person who relinquishes custody of a cat at a location in which the person does not hold a legal or equitable interest, if previously the person had taken custody of the cat at the same location and provided for the cat’s sterilization by a veterinarian.
(Code of Iowa, Sec. 717B.8)
It is unlawful for any owner or responsible party of any animal to permit or allow the animal to be at large. All violations of any provision(s) of Section 55.06 are hereby declared simple misdemeanors punishable by a fine of at least $50 plus surcharge and court costs and/or municipal infractions punishable by a penalty as listed in Chapter 4 of this Code of Ordinances. Violations may be charged as either a misdemeanor criminal offense or a municipal infraction at the sole discretion of the peace officer.
(Ord. 2008 - Jun. 20 Supp.)
It is unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person by frequent and habitual howling, yelping, barking, or otherwise, or by running after or chasing persons, bicycles, automobiles or other vehicles. All violations of any provision(s) of Section 55.08 are hereby declared simple misdemeanors punishable by a fine of at least $50 plus surcharge and court costs and/or municipal infractions punishable by a penalty as listed in Chapter 4 of this Code of Ordinances. Violations may be charged as either a misdemeanor criminal offense or a municipal infraction at the sole discretion of the peace officer.
(Ord. 2008 - Jun. 20 Supp.)
It is unlawful for the owner or responsible party to allow the animal to deposit feces on public or private property without the consent of the property owner. Animal feces deposited on public or private property shall be immediately removed and disposed of in a sanitary manner. This section does not apply to the owner of a service dog when the owner is deemed to be legally blind or to have other medically and physically limiting disabilities.
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