For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE FOOD. The provision, at suitable intervals as the dietary requirements of the species so require, of a quantity of wholesome foodstuff suitable for the species and age sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a clean receptacle, dish or container.
ADEQUATE WATER. Reasonable access to a supply of clean, fresh, potable water provided in a sanitary manner and provided at suitable intervals for the species not to exceed 24 hours at any one interval.
ANIMAL. A living organism, other than human beings, birds, fish or invertebrates, domesticated or wild, and distinguished from other living things by structural and functional characteristics such as locomotion.
ANIMAL CONTROL OFFICER. Any humane officer employed by a humane society under contract with the city; any animal control officer under the jurisdiction of the Chief of Police or any other person authorized by the City Administrator to enforce the provisions of this chapter by means of appropriate police powers.
ANIMAL SHELTER. A facility which is used to house or contain dogs, cats or other animals, and which is owned, operated or maintained by the city or operated under contract with the city for the purpose of humane boarding of animals impounded under the provisions of this chapter or any other ordinance.
BOARDING KENNEL. A place or establishment other than an animal shelter or pound where dogs, cats or other animals, not owned by the proprietor, are sheltered, fed and watered in return for consideration.
CAT. All members of the feline species regardless of sex.
COMMERCIAL BREEDER. A person, engaged in the business of breeding dogs or cats, who sells, exchanges or leases dogs or cats in return for consideration, or who offers to do so, whether or not the animals are raised, trained, groomed or boarded by the person. A person who owns or harbors three or less breeding males or females is not a COMMERCIAL BREEDER.
COMMERCIAL KENNEL. A kennel which performs grooming, boarding or training services for dogs or cats in return for consideration.
COMMISSION. The natural resources commission of the Department of Natural Resources created and established by the Iowa Code.
DOG. All members of the species Canis familiaris.
(1) A DANGEROUS DOG means any dog that:
(a) While unmuzzled, unleashed or without the supervision of a person whose verbal commands are obeyed charges or chases in a terrorizing manner with an apparent attitude of attack any person who is upon a street, alley, sidewalk or other public place;
(b) Has a known propensity, tendency or disposition to attack without provocation or to otherwise threaten the safety of persons or domestic animals; or
(c) An animal trained, owned or harbored for the purpose, primarily or in part, of animal fighting.
(2) A VICIOUS DOG means any dog that:
(a) Unprovoked, bites or attacks a person causing bodily injury, as defined by Iowa Code § 702.18;
(b) Severely injures or kills another domestic animal; or
(c) Has been found to be a dangerous dog on two or more occasions.
(3) A dog may be declared dangerous or vicious even if it bites, attacks or menaces a trespasser on the dog’s owner’s property or a person who is contemporaneously tormenting, teasing or abusing the dog.
(4) The declaration that a dog is dangerous or vicious shall be made by an animal control officer. Notification of the declaration and the owner’s appeal rights shall be made in accordance with the procedures contained in § 19.00 of this chapter.
EUTHANASIA. The humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death or a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during the loss of consciousness.
FUR-BEARING ANIMALS. The following which are declared to be fur-bearing animals for the purpose of regulation and protection under this chapter: beaver, badger, mink, otter, muskrat, raccoon, skunk, opossum, spotted skunk or civet cat, weasel, coyote, bobcat, wolf, groundhog, red fox, gray fox and any other animals defined as fur-bearing by the Commission.
GUARD DOG. Any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog such dog being either securely enclosed within the area at all times or under the continuous control of a trained handler.
HOUSING FACILITIES. Any room, building or area used to contain a primary enclosure or enclosures.
OWNER. Any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his or her care, or who acts as its custodian, or who knowingly permits an animal to remain on or about any premises owned or occupied by him or her for three or more days.
PERSON. An individual, partnership, corporation or association and includes any officer, employee or agency thereof.
PET SHOP. An establishment where any dog, cat, rabbit, rodent, fish other than live bait, bird or other vertebrate animal is bought, sold, exchanged or offered for sale.
PRIMARY ENCLOSURE. Any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, cage or compartment.
TAKE. Any pursuing, hunting, killing, trapping, snaring, netting, searching for, shooting at, stalking or lying in wait for or attempting any for the foregoing, any animal protected by state laws, regulations or rules adopted by the Commission or this chapter.