A. Permit Required: No person shall keep, maintain, conduct or operate any activity that requires a permit issued by the Police Chief or designee as set forth herein without a permit.
B. Regulations:
1. Each application for a permit hereunder shall be in writing upon a form to be furnished by the City.
2. All permits issued shall automatically expire one year from the date of issue, unless revoked or suspended.
3. A permittee wishing to renew a permit shall apply for and secure a renewal of the permit in the manner provided for in this chapter no later than thirty (30) days after the expiration of any permit.
4. All permits issued to commercial establishments, animal acts or exhibitions, and rodeos shall be kept posted in a conspicuous place.
5. All applicants shall be furnished with permit rules at the time the application is made.
C. Inspection: Upon the filing of an application for a permit or renewal thereof, the Police Chief, or designee, may make such investigation and inspection of the animal, and the premises where the animal will be kept, as it deems proper within the law. The City shall then issue a permit to an applicant unless the Police Chief or designee finds:
1. The keeping of the animal at the place set forth in the application and the conduct or operation of the business, activity, or event for which the permit is requested will violate any law or ordinance of this City, or any law of the State; or
2. The keeping of the animal at the place set forth in the application and the conduct or operation of the business, activity, or event for which the permit is requested will constitute a danger to the health, peace or safety of the community; or
3. The applicant has failed to provide any animal in his or her possession, care, or control with adequate food, drink, shelter, or protection; or
4. The premises and establishment where the animal is to be kept is not maintained in a clean and sanitary condition; or
5. The applicant has failed to protect any animal in his or her possession, care, or control from needless suffering, torment, cruelty, abuse, or neglect; or
6. The applicant has had a permit revoked within one year prior to the date of the application; or
7. The applicant has been convicted of or has had judgment entered for the violation of chapter 717A or 717B, Code of Iowa, as amended, or any provision of this chapter; or
8. The applicant has previously violated terms and conditions of a permit; or
9. Doing so would be detrimental to the safety, health or welfare of the residents of the City or an animal.
D. Revoked; Suspended: Any permit issued under this chapter may be revoked or suspended if, after due investigation and after the permittee has been given the opportunity to give a written and oral statement and present evidence, the Police Chief or designee finds:
1. The keeping of the animal at the place set forth in the application and the conduct or operation of the commercial establishment for which the permit was issued violates any law or ordinance of the City, or any law of the State; or
2. The keeping of the animal at the place set forth in the application and the conduct or operation of the commercial establishment for which the permit is requested will constitute a danger to the health, peace or safety of the community; or
3. The permittee, agent, or employee has failed to provide any animal in their possession, care, or control with proper and sufficient food, drink, shelter, or protection; or
4. The permittee, agent, or employee has failed to maintain the premises or caging areas in a clean and sanitary condition; or
5. The permittee, agent, or employee has failed to protect any animal in their possession, care, or control from needless suffering, torment, cruelty, abuse, or neglect; or
6. The permittee has had a permit revoked within one year prior to the date of application; or
7. The permittee has been convicted of or has had judgment entered for any offense involving the violation of chapter 717A or 717B, Code of Iowa, as amended, or any provision of this chapter; or
8. The applicant has previously violated terms and conditions of a permit; or
9. Doing so would be detrimental to the safety, health or welfare of the residents of the City or an animal.
E. Reserved.
F. Urban Chicken Permits:
1. No person shall raise, harbor or keep chickens without an urban chicken permit, or other permit, issued by the City.
2. "Chicken" means a member of the subspecies of Gallus gallus domesticus, a domesticated chicken.
3. In order to obtain an urban chicken permit, an applicant must submit a completed application on a form provided by the City accompanied by the permit fee.
4. Within thirty (30) days of submission of the application, the Police Chief, or designee, shall issue the urban chicken permit if the applicant meets the requirements of this provision and the policy adopted by City Council resolution or deny the application. If the application is denied, the Police Chief, or designee, shall state the reasons in writing.
5. The urban chicken permit shall be valid for three (3) years and may not be sold, transferred or assigned.
6. The Police Chief, or designee, may revoke an urban chicken permit as provided in the policy adopted by Council resolution.
7. Appeals of the decision to deny or revoke an urban chicken permit are to the City Manager, or designee, and must be filed within ten (10) days of the decision.
8. Subsections A through D of this section and section 8-4-15 of this chapter do not apply to this subsection.
9. Additional requirements, including permit fees, shall be adopted by resolution of the City Council.
10. Violation of this subsection or the terms of the urban chicken permit are punishable by a Municipal infraction with a civil penalty of one hundred dollars ($100.00) for first violation, two hundred fifty dollars ($250.00) for second violation, and five hundred dollars ($500.00) for third and subsequent violations. (Ord. 18-4767, 9-4-2018)