A. Definitions:
DANGEROUS ANIMAL: Means:
1. An animal that has killed a human being;
2. An animal that has taken aggressive action that caused a serious injury (as defined in Iowa Code section 702.18) to a human;
3. An animal that has killed another domestic animal;
4. An animal that has engaged in exhibitions of fighting;
5. An animal that has a propensity to attack or bite humans or animals that has been shown to exist through one or more attacks or attempted attacks and where such propensity is known to the owner or ought to reasonably be known to the owner thereof; or
6. An animal judicially or administratively determined to be a dangerous animal, or similar designation, by another jurisdiction with a substantially similar definition.
An animal shall not be deemed dangerous if the Chief of Police or designee determine that the animal acted under the following circumstances:
1. A dog engaged in law enforcement work that is engaged in official law enforcement activities at the time of the attack, or bite;
2. An animal that attacks or bites a person who at the time of the attack or bite, is engaged in a criminal act against the person or property of another;
3. An animal that attacks or bites another animal in order to protect a human being, domestic animal or livestock; or
4. An animal that was unreasonably or deliberately provoked by the person or animal that was harmed.
B. Prohibitions:
1. No person shall own, keep, harbor, foster, or maintain any dangerous animal except as specifically provided for herein.
2. No person shall allow a dangerous animal to be in or upon any premises or vehicle owned, leased, occupied, or controlled by the person, except as provided herein.
3. No person shall bring any dangerous animal into the City of Iowa City without approval of the Chief of Police, or designee.
4. No person shall tether a dangerous animal.
5. No person shall allow a dangerous animal in a City dog park.
C. Impounding And Costs:
1. If animal services personnel have probable cause that an animal is a dangerous animal, the animal may be immediately impounded if found in violation of this chapter.
2. If an animal has been determined to be a dangerous animal, the animal may be immediately impounded if found in violation of this chapter. An animal is determined to be a dangerous animal if: a) the City Manager, or designee, determines the animal to be dangerous following a hearing as provided herein; b) the District Court finds the animal to be a dangerous animal; or c) the animal has been judicially or administratively determined to be a dangerous animal, or similar designation, by another jurisdiction with a substantially similar definition of dangerous animal.
3. Any person who owns, keeps, harbors, fosters, maintains or controls an animal involved in such impoundment shall pay all expenses, including shelter, food, veterinary care, boarding and all other expenses necessitated by the impoundment and containment of the animal, during its impoundment.
D. Spay/Neuter And Microchip/Tag:
1. The owner of a dangerous animal shall have the animal surgically sterilized at the owner's expense by a licensed veterinarian within thirty (30) days after being determined to be a dangerous animal as provided herein. The owner shall provide written verification of the surgical procedure to the animal shelter within twenty four (24) hours of the procedure being completed.
2. The owner of a dangerous animal shall have the animal implanted with a microchip identification at the owner's expense by a trained microchip technician within five (5) days after being determined to be a dangerous animal as provided herein. The owner shall provide written verification of the implanting and provide the microchip number to the animal shelter within twenty four (24) hours after the procedure is completed.
3. The owner of a dangerous animal shall place on the animal's collar a City-issued tag that identifies the animal as such within five (5) days after being determined to be a dangerous animal as provided herein and shall maintain the tag on the collar at all times.
E. Administrative Hearing/Terms And Conditions/Grounds For Destruction:
1. If an animal is alleged to be a dangerous animal by the Chief of Police or designee, an administrative hearing on the disposition of such animal may be held. Pending such hearing, the animal shall be impounded in the City shelter, or in lieu of impound, the Chief of Police or designee may permit the animal to be confined, at the owner's expense, in a City approved dog kennel or veterinary facility within the City or at the owner's residence, provided the owner:
a. Shall not remove the animal from the kennel, veterinary facility or residence without the prior written approval of the Chief of Police or designee; and
b. Shall make the animal available for observation and inspection by Chief of Police, or designee, and authorized representatives.
2. The hearing shall be before the City Manager, or designee, shall be public, and shall be scheduled after at least ten (10) calendar days' written notice to the owner of said hearing. The owner may waive the notice and agree to an earlier scheduled hearing. The hearing will be informal, and the owner will have the opportunity to offer any written or oral information relevant to the hearing, including witnesses. The standard of proof is preponderance of evidence.
3. If, following the hearing, the City Manager or designee determines that the animal is a dangerous animal, the City Manager or designee may require reasonable terms and conditions for the training, handling or maintenance of the animal to abate the condition which gave rise to the hearing. In lieu of a hearing, the Chief of Police or designee may agree on reasonable terms and conditions. Terms and conditions may include, but are not limited to:
a. Selection of locations within the owner's property where the animal shall be maintained.
b. Requirements as to size, construction or design of an enclosure where the animal may be kept.
c. Completion of obedience training from a trainer or training program approved by the City.
d. Types and method of restraint, or muzzling, or both.
e. Requirements for the owner to carry liability insurance.
4. If the Chief of Police, or designee, determines that the owner has violated the terms and conditions required by the City Manager or agreed to by the Chief of Police or designee, the Chief of Police, or designee, may schedule an administrative hearing on the consequences of said violation with notice to the owner and opportunity to be heard as provided herein. The only issues at the hearing will be whether the terms and conditions have been violated, and if so, the consequences of the violation. The question of whether the animal is a dangerous animal will not be at issue as the City Manager, or designee, has previously made that determination.
5. If the City Manager or designee determines: a) that the animal is a dangerous animal; b) that the owner has failed to restrain such animal reasonably; and c) that it is in the public interest to destroy such animal, the animal shall be destroyed in a manner deemed appropriate to the City after five (5) calendar days unless the determination is appealed to a court of competent jurisdiction. (Ord. 18-4767, 9-4-2018)