(A) Any animal suspected of being wild or exotic, or threatened or dangerous may be seized by the Animal Protection Officer or designee and impounded in the animal shelter. If the animal cannot be caught without exposing the Animal Protection Officer or citizens to danger or personal injury, the animal may be humanely destroyed.
(B) (1) If an owner refuses the Animal Protection or Police Officer entry upon property to view an animal suspected of being wild or exotic, or threatened or dangerous the officer may request a search warrant from a magistrate.
(2) The matter shall be heard before the District Court within 30 days from the filing of the petition for disposition by the city, unless this timeframe is made longer by order of the Court.
(C) In connection with such seizure, the owner/suspected abuser of the animal shall be charged with the appropriate violation of this chapter.
(1) (a) If the suspected abuser is found not guilty of abuse or abandonment, the animal shall be returned to the owner and the owner shall bear no cost of impoundment.
(b) If after the conclusion of a court case, the owner does not redeem the animal, it will be held seven days and thereafter the city will be deemed the owner of said animal and shall exercise its discretion where the animal may be put up for adoption, placed with rescue or foster care, or humanely euthanized if deemed appropriate.
(2) (a) If the owner/abuser is found guilty or pleads guilty to a violation under this section, the owner is subject to all penalties set forth in this section, including court costs.
(b) If the suspected abuser is found guilty of or pleads guilty to abuse, the city shall be deemed the owner of said animal and shall exercise its discretion where the animal may be put up for adoption, placed with rescue or foster care or humanely euthanized if deemed appropriate. The owner/abuser shall pay all confinement or relocation and veterinary expenses necessitated by seizure of the animal.
(D) Nothing in this chapter shall be construed to limit the city's authority to proceed pursuant to other law concerning the disposition of animals.
(Ord. 2571, passed 4-10-2018; Ord. 2657, passed 10-13-2020)
Statutory reference:
For similar provisions under state law, see Iowa Code § 717B.5