§ 91.06 ANIMAL WELFARE.
   (A)   It shall be unlawful for any person to commit abuse of any animal. The following acts shall constitute abuse of animals and shall subject the owner or other person to the penalty provisions of this Code:
      (1)   Failure to provide the animal access to adequate food, adequate water and easy access to adequate shelter and adequate protection from the elements;
      (2)   Beating, tormenting, overloading or overworking an animal;
      (3)   Permitting or encouraging lethal or potentially lethal combat between animals, or between animals and humans;
      (4)   Abandoning any animal;
      (5)   Exposing any known poisonous material with the intent of allowing or encouraging the material to be ingested by any bird, fowl or domesticated animal;
      (6)   Failure to maintain sanitary conditions where animals are kept;
      (7)   Harboring or owning any sick, diseased or injured animal without procuring veterinary care for said animals;
      (8)   Maintaining and/or grooming an animal in such conditions and hygiene that the animal is unable to walk or move normally, conduct routine bodily functions, or stay clean and free of disease and parasites;
      (9)   Leaving an animal tethered or confined for a length of time that could result in danger to
or death of an animal.
      (10)   Intentionally injuring, maiming, disfiguring, mutilating or destroying an animal by any means that causes pain, distress or suffering.
      (11)   Leaving an animal unattended in a standing or parked vehicle when the outdoor temperature is greater than a heat index of 75ºF or under a wind chill of 50ºF. If the Animal Protection Officer or Police Officer determine the animal is in immediate danger, they may remove the animal by whatever means is necessary without liability, for the purpose of taking the animal into protective custody.
      (12)   Animals shall not be involved in animal displays when the heat index temperature falls below 30ºF with wind chill factor applied or the heat index reaches 85ºF. Temperature range for livestock is 10ºF to 110ºF;
      (13)   Chaining, tethering, penning or otherwise restraining or confining an animal outdoors for more than 15 minutes without access to adequate food, adequate water, adequate shelter and adequate protection from the elements when the heat index temperature falls below 30ºF with the wind chill factor applied or with the heat index reaches or exceeds 85ºF.
   (B)   Animal abuse under this section shall be a misdemeanor. However, the city may, in its discretion, charge a violator with a municipal infraction under § 10.99.
   (C)   The city shall not issue any animal license to any person who is found guilty or pleads guilty to animal abuse in violation of this section or Iowa Code § 717B.2, animal neglect in violation of this section or Iowa Code § 717B.3, or animal torture in violation of this section or Iowa Code § 717B.3A, or issue a license to any person residing in the same household.
(Ord. 2571, passed 4-10-2018; Ord. 2657, passed 10-13-2020) Penalty, see § 10.99