57.01 Definitions | 57.05 Keeping of Vicious Animals Prohibited |
57.02 Keeping of Dangerous Animals Per Se Prohibited | 57.06 Seizure, Impoundment, and Disposition of Dangerous Animals or Vicious Dogs |
57.03 Keeping of Dangerous Dogs Regulated | 57.07 Insurance |
57.04 Keeping of Vicious Dogs Regulated | 57.08 Penalty |
For use in this chapter, the following terms are defined:
1. “Animal” means every wild, tame, or domestic member of the animal kingdom other than the genus and species Homo sapiens.
2. “Animal control officer” means the individual or individuals appointed by the City to enforce this chapter.
3. “At large” means off the premises of the owner, unless:
A. The animal is on a leash, cord, chain or similar restraint not more than six (6) feet in length and under the control of the person; or
B. The animal is within a motor vehicle; or
C. The animal is housed within a veterinary hospital, licensed kennel, pet shop or animal shelter; or
D. The animal is at heel.
4. “Dangerous animal per se” means:
A. Badgers, wolverines, weasels, mink and other Mustelids (except ferrets);
B. Black widow spiders and scorpions; and
C. Raccoons, opossums, and skunks.
5. “Dog” means and includes members of the Canine species, male or female, whether neutered or not.
6. “Dangerous dog” means any dog shall be categorized as a dangerous dog if it fits into any of the following categories:
A. Any dog which, when unprovoked, bites a person or a domestic pet or animal, whether on public or private property.
B. Any uncontrolled dog that chases or approaches a person without provocation in a manner that threatens the safety of humans or domestic pets or animals.
C. Any dog with a demonstrated propensity, tendency or disposition to attack, to cause injury to, or to otherwise threaten the safety of humans or domestic pets or animals. This category shall include a security dog that has been trained to attack.
D. Any dog not in strict conformity with the rabies control program of the City of Ankeny as established by the licensing provisions of the Municipal Code.
7. “Vicious animal” means any animal, including a dog, except for a dangerous animal per se, as listed above, if it fits into any of the following categories:
A. Any dog that according to the records of a health department, police department, or humane society or according to any other records available to the Police Department has directly inflicted any physical injury that resulted in broken bones or lacerations requiring sutures on a human being without provocation on public or private property.
B. Any dog that has killed a domestic pet or animal without provocation while off its owner’s property.
C. Any dog while off its owner’s property without provocation bites, attacks or endangers the safety of humans, domestic pets or animals.
8. Exceptions. A dog shall not be categorized as dangerous or vicious if it bites, attacks or menaces a person, domestic pet or animal in order to:
A. Defend its owner, caretaker or another person from an attack by a person or animal.
B. Protect itself, its young or another animal.
C. Defend itself against any person or animal that has tormented, assaulted or abused it.
D. Defends its owner’s or caretaker’s property against trespassers.
The owner or caretaker of any dog determined to be dangerous pursuant to the provisions of the City Code shall comply with the following regulations:
1. No person owning, harboring or having care of a dangerous dog may permit such dog to go outside of its kennel or pen unless the dog is securely leashed on a leash no longer than 4 feet in length.
2. No person may permit a dangerous dog to be kept on a chain, rope, leash or similar restraining device outside its kennel or pen unless a person competent to govern the animal is in physical control of the restraining device and remains in position to control the dog at all times. The dog may not be leashed to inanimate objects such as trees, posts and buildings.
3. No dangerous dog may be kept on a porch, patio or in any part of a house or structure on the premises of the owner or caretaker that would allow the dog to exit the building on its own volition, except through a door leading directly to a pen or kennel.
4. No dangerous dog may be kept in a house or structure when the windows are open or when screen windows or doors are the only obstacle preventing the dog from exiting the structure.
5. The owner of a dangerous dog must successfully complete a dog behavior modification course at owner’s expense instructed by a licensed or certified dog behavior specialist within 60 days after receiving notification declaring the dog dangerous. The owner shall be required to provide a copy of proof of successful completion of the course to the Chief of Police and the proof shall include certification or receipt bearing the name of the instructor and the dates of instruction.
6. The owner of a dangerous dog must microchip the dog at the owner’s expense within 60 days after receiving notification declaring the dog dangerous in addition to licensing the pet in accordance with Chapter 56 of this Code in order to assist in locating the dangerous dog should it be found at large.
The owner or caretaker of any dog determined to be vicious pursuant to the provisions of the City Code shall comply with the following regulations:
1. No person owning, harboring or having care of a vicious dog may permit such dog to go outside of its kennel or pen unless the dog is securely leashed on a leash, no longer than 4 feet in length.
2. No person may permit a vicious dog to be kept on a chain, rope, leash or similar restraining device outside its kennel or pen unless a person competent to govern the animal is in physical control of the restraining device and remains in position to control the dog at all times. The dog may not be leashed to inanimate objects such as trees, posts and buildings.
3. A vicious dog outside the dog’s kennel shall be muzzled in a humane way by a muzzling device sufficient to prevent the dog from biting persons or other animals. A vicious dog shall not be required to be muzzled when either shown in a sanctioned American Kennel Club Show or upon prior written approval by the Chief of Police or his designee.
4. All vicious dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel on the premises of the owner or caretaker, except when leashed and muzzled. When constructed in an open yard, the pen or kennel must be childproof from the outside and dog proof from the inside. A strong metal double fence with adequate space between fences (at least 2 feet) must be provided so that a child cannot reach into the dog enclosure. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a vicious dog shall be locked with a key or combination lock when the dog is within the structure. The structure shall have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than 2 feet. All structures erected to house vicious dogs shall comply with all zoning and building regulations of the City. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
5. No vicious dog may be kept on a porch, patio or in any part of a house or structure on the premises of the owner or caretaker that would allow the dog to exit the building on its own volition, except through a door leading directly to a pen or kennel meeting all of the requirements of this subsection. No vicious dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the dog from exiting the structure.
6. The owner or caretaker of a vicious dog shall display, in prominent places on his or her premises near all entrances to the premises, signs in letters of no less than 2 inches high warning that there is a vicious dog on the property. A similar sign is required to be posted on the kennel or pen of the dog.
7. The owner or caretaker of a vicious dog shall immediately notify the police department if the dog is on the loose, is unconfined, has attacked another animal, has attacked a human being, has died, has been sold or has been given away. If the vicious dog has been sold or given away, the owner or caretaker shall also provide the police department with the name, address and telephone number of the new owner of the vicious dog. If the vicious dog is sold or given away to a person residing outside the City, the owner or caretaker shall present evidence to the police department showing that he or she has notified the police department or other law enforcement agency of the dog’s new residence.
8. An owner or caretaker of any dog declared vicious found to be in violation of any section of this Code related to vicious dogs shall be ordered in writing to safely remove the dog from the City or destroy the animal within 10 days.
9. The owner of a vicious dog must successfully complete a dog behavior modification course at owner’s expense instructed by a licensed or certified dog behavior specialist within 60 days after receiving notification declaring the dog vicious. The owner shall be required to provide a copy of proof of successful completion of the course to the Chief of Police and the proof shall include certification or receipt bearing the name of the instructor and the dates of instruction.
10. The owner of a vicious dog must microchip the dog at the owner’s expense within 60 days after receiving notification declaring the dog vicious in addition to licensing the pet in accordance with Chapter 56 of this Code in order to assist in locating the vicious dog should it be found at large.
11. The owner of a vicious dog shall be denied a permit for the dog to enter any park designated as a dog park in the City of Ankeny.
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