A. Prohibited Animals: No person shall keep or maintain an animal declared to be prohibited under this chapter. Notwithstanding this provision:
1. Indigenous wildlife rehabilitators who possess required Iowa State Department of National Resources, or its successor, permits may maintain prohibited wildlife for rehabilitation purposes.
2. A prohibited animal which is properly and appropriately restrained may be transported to a veterinarian for emergency medical care or treatment and may remain within the confines of the veterinary clinic or hospital as long as the animal is receiving medical treatment.
B. Restricted Animals: No person shall keep or maintain an animal declared to be a restricted animal under this chapter without a valid permit issued by the Division of Animal Control of the City or its successor. Notwithstanding this provision:
1. Indigenous wildlife rehabilitators who possess required Iowa State Department of National Resources, or its successor, permits may maintain restricted wildlife for rehabilitation purposes.
2. A restricted animal which is properly and appropriately restrained may be transported to a veterinarian for emergency medical care or treatment and may remain within the confines of the veterinary clinic or hospital as long as the animal is receiving medical treatment.
C. Pigeon And Dove Lofts: Pigeon lofts and dove lofts are prohibited within the City. Notwithstanding this provision, any person who owns or operates a pigeon and/or dove loft within the City prior to July 1, 1997, may continue to operate such pigeon and/or dove loft subject to the following restrictions:
1. As of July 1, 1997, pigeon and dove lofts shall not house more than forty (40) pigeons and/or doves at any one time.
2. As of July 1, 2000, pigeon and dove lofts shall not house more than thirty (30) pigeons and/or doves at any one time.
3. The exemption for persons who own or operate pigeon and dove lofts within the City as of July 1, 1997, shall not be transferable to another person or another property.
D. Animals At Large Prohibited:
1. No animal shall be found at large within the City at any time. An animal shall not be deemed at large if:
a. It is tethered or on the enclosed fenced premises owned, leased, occupied, or controlled by the owner; or
b. It is tethered or on the enclosed fenced premises owned, leased, occupied, or controlled by another person with the knowledge and consent of that person; or
c. It is a dog in a City dog park and has been issued a use permit; or
d. It is under the control of a person competent to restrain the animal and:
(1) Is on a leash; or
(2) Enclosed within a building or structure; or
(3) Properly restrained within a motor vehicle as provided herein.
2. Notwithstanding the provisions of this subsection, any animal shall be deemed at large at any time when the animal is attacking humans, other animals, or destroying property or is on any public property, except when under restraint as set forth above. In addition, any female animal in estrus shall be deemed at large at any time, except:
a. When housed in a building or structure completely enclosed; or
b. When housed in a veterinary hospital or boarding kennel licensed or registered with the State; or
c. When on the premises owned, leased, occupied or controlled by the owner, provided the area in which such animal is located is completely enclosed by a fence or other structure having a height of at least sixty inches (60"); or
d. When under the control of a person competent to restrain the animal by leash.
E. On Private Property: No animal shall be taken, allowed or permitted on private property not owned by the owner of the animal without the permission of the person owning such property or the person in possession or control thereof.
F. In Food Establishments: No animal shall be allowed, taken or permitted on or in any building, store, restaurant, tavern, sidewalk cafe, or outdoor service area where food or food products are sold, prepared or dispensed to humans other than the owners thereof, except for service animals as defined under the Americans With Disabilities Act. (Ord. 18-4767, 9-4-2018)
G. Outdoor Confinement Area: No owner shall fail to provide an outdoor confinement area of less than the following:
1. | For 1 dog under 50 pounds | 60 square feet |
2. | For 1 dog over 50 pounds or 2 dogs under 50 pounds | 80 square feet |
3. | For 2 dogs over 50 pounds each or 3 dogs under 50 pounds | 96 square feet |
4. | For 3 dogs over 50 pounds each or 4 dogs under 50 pounds | 140 square feet |
5. | 4 or more dogs over 50 pounds each | 192 square feet |
Note: A permit is required to maintain four (4) or more dogs over the age of four (4) months. (Ord. 18-4767, 9-4-2018; amd. Ord. 19-4782, 3-12-2019)
Outdoor confinement area means an outdoor space securely enclosed, such as by chain link fencing material, that is the primary space the dog lives, eats, and sleeps every day including overnight.
H. Solid Waste Removal: Any person who shall walk an animal on public or private property shall provide for the disposal of the solid waste material excreted by the animal by immediate removal of the waste, except for animals properly trained and certified to assist persons with disabilities while such animals are acting in such capacity.
I. Warning Notice: Pet shops displaying, selling, or transferring turtles, tortoises or iguanas must display in public view a notice of warning regarding the transmission of salmonella.
J. Tethering: Tethering means fastening an animal to a fixed object so as to limit its range of movement using a rope, chain, or similar device.
1. a. No person shall allow an animal to be tethered and unattended with a rope, chain, or similar device that is less than ten feet (10') in length. An animal is unattended if the animal is more than fifty feet (50') from the person and the animal is not in the person's line of sight.
b. No person shall allow an animal to be tethered and unattended for more than thirty (30) minutes continuously in any given 3-hour period. An animal is unattended if the animal is more than fifty feet (50') from the person and the animal is not in the person's line of sight.
2. Notwithstanding any provision herein to the contrary:
a. No person shall allow any of the following animals to be tethered: dangerous animal or animal in estrus.
b. No person shall allow an animal to be tethered using a collar made of metal or chain, excluding the buckle, or using a collar, even if made of cloth, designed to continue to tighten, such as a slip lead or noose, when pulled tightly.
c. No person shall allow an animal to have access to a public sidewalk or street while tethered.
d. No person shall allow an animal to be tethered to a utility pole, parking meter, building, structure, fence, sign, tree, bush, bench, newspaper or advertising rack or other object on public property.
e. No person shall allow an animal to be tethered in an unsafe location. An unsafe location includes, but is not limited to, near a fence whereby the animal could asphyxiate itself if it jumped over the fence or on a deck whereby the animal could asphyxiate itself if it jumped off of the deck.
f. No person shall allow an animal to be tethered in a manner that allows it to become entangled with another tethered animal.
K. Animal Acts; Exhibitions; Performances: Animal acts or exhibitions, and animal performances in which prohibited animals are used are prohibited. Additionally, any public showing, carnival, fair, parade, petting zoo, ride, race, film shoot or other undertaking in which prohibited animals are required to perform tricks, fight or participate as accompaniments for the entertainment or amusement of an audience in exchange for a fee or consideration is prohibited. (Ord. 18-4767, 9-4-2018)