55.01 Purpose and Title | 55.14 Striking Domestic Animal with Motor Vehicle |
55.02 Definitions | 55.15 Pets at Large Prohibited |
55.03 Owner’s Responsibility | 55.16 Impoundment |
55.04 Nuisances | 55.17 Redemption Fees |
55.05 Prohibitions and Requirements | 55.18 Shelter or Pound |
55.06 Control of Dogs | 55.19 Animal Neglect |
55.07 Designated Off-Leash Areas | 55.20 Abandonment of Dogs |
55.08 Releasing or Molesting Animals | 55.21 Livestock |
55.09 Confinement of Animals | 55.22 Trapping |
55.10 Required Reports | 55.23 Harmful Substances |
55.11 Isolation and Quarantine of Suspect Animals | 55.24 Animals as Prizes |
55.12 Rabies Proclamation | 55.25 Enforcement Power |
55.13 Rabies Vaccination | 55.26 Interference with Agent |
It is the public policy of the City to secure and maintain such levels of animal control within the City limits as will protect human health and safety and, to the greatest degree practicable, to prevent damage to property. It is also the policy of the City to prevent the inhumane treatment of animals and to provide for the humane use, care, and treatment of animals to the end that cruelty to such animals will be reduced or eliminated. Therefore, the City’s “Animal Control Code,” which consists of Chapter 55, Chapter 56 and Chapter 57, is hereby established.
The following terms are defined for use in the Animal Control Code, unless the context indicates otherwise:
1. “Abatement” means the termination of any violation by reasonable and lawful means determined by the animal control officer in order that a person presumed to be the owner or custodian shall comply with these Animal Control chapters.
2. “Animal” means any nonhuman mammal, bird, reptile, or amphibian.
3. “Animal control” means that department empowered by the City to provide animal control services.
4. “Animal shelter” means a State-licensed facility which is used to house or contain stray, homeless, abandoned, or unwanted animals, and which is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
5. “At large” means physically off the premises of an owner, handler, or custodian and not secured by a leash under ten feet in length which is under the control of the owner, handler, or custodian. “At large” does not refer to dogs exhibited in dog shows, field trials, obedience training or trials; or to a dog which is otherwise safely and securely confined or completely controlled within or upon any vehicle or under control in a designated off-leash area; or to dogs used by law enforcement agencies.
6. “Chicken” means a domestic fowl, Gallus domesticus, developed in a number of breeds for its flesh, eggs, and feathers and, as such, is livestock.
7. “City Administrator” means the Mount Vernon City Administrator or a designee of the City Administrator.
8. “Defile” means to foul, dirty, pollute, or make filthy, either by a pet animal’s body wastes or by an animal’s carrying or dragging any foul material.
9. “Dog” means a domesticated Canis Familiaris, and includes both male and female dogs.
10. “Euthanasia” means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness.
11. “Kennel” means a place maintained for the business of boarding, raising, rearing, training, or sale of dogs.
12. “Leash” means a rope, line, thong, chain, or other similar restraint not more than ten feet in length and which is of sufficient strength to hold an animal in check.
13. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine or porcine species, ostriches, rheas and emus; farm deer as defined in Section 170.1 of the Code of Iowa; or poultry.
14. “Molest” includes not only biting and scratching, but also any annoyance, interference with, or meddling with any person so as to trouble or harm such person.
15. “Off-leash area” means a designated area in which an owner, handler, or custodian may allow or permit a dog to run at large, subject to certain rules and regulations.
16. “Owner or custodian” means any person possessing, harboring, keeping, having an interest in, or having control or custody of an animal, regardless of whether the animal is licensed pursuant to Chapter 56 of this Code of Ordinances.
17. “Pet” means a living dog, cat or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko or iguana.
18. “Pet animals” includes all reptiles and warm-blooded animals within the City limits, except for birds, animals of the equine species, and those raised for food purposes.
19. “Pet shop” means an establishment where animals bred off the premises are offered for sale to the public.
20. “Police Chief” means the Mount Vernon Police Chief or a designee of the Police Chief.
21. “Police dog” means any dog trained to assist police, especially in tracking.
22. “Premises” means the area of land surrounding a house or dwelling unit and actually or by legal construction forming an enclosure with it and to which the owner or custodian of a dog has legal and equitable right therein. “Premises” does not extend into areas of common ownership or use in the case of easements, trailer parks, apartment complexes, private communities, etc.
23. “Private property” means all buildings and other property owned by a private person. It includes buildings, yards, and service and parking areas.
24. “Proof of vaccination” means a health or rabies certificate issued by a licensed veterinarian.
25. “Public property” means buildings and other property owned or dedicated to the use of the City, State, County, or United States government, wherein the authorized representative has granted the City jurisdiction thereof, or any governmental subdivision of the City, State, County or U.S. government or any governmental organization established by the City, State, County or U. S. government. Such property includes but is not limited to buildings, grounds, yards, street rights-of-way, walks, bicycle paths, easements, parks, service areas, open areas, athletic and recreational areas, riverbanks, parking areas and ramps, boulevards, and any other real estate owned by a governmental unit.
26. “Trip fee” means the response fee an owner or custodian of an animal may be charged by the City when an animal is impounded.
27. “Veterinarian” means a person duly licensed by the State to practice veterinary medicine.
28. “Veterinary hospital” means an establishment regularly maintained and operated by a veterinarian for the diagnosis and treatment of diseases and injuries to animals and which may board animals.
The owner of a pet animal shall be responsible for obtaining a license required by Chapter 56 of this Code of Ordinances and for the care and control of such animal. The owner shall be prima facie responsible for any violation of the provisions of the Animal Control Code by said animal.
The following acts and circumstances are declared to be nuisances and therefore prohibited:
1. Allowing any animal to habitually bay, bark, screech, yell, or make a sound of any kind or nature for prolonged periods in such manner as to unreasonably disturb the peace and quiet of the vicinity.
2. Allowing a pet animal to cause any damage to or to defile public or private property.
3. Allowing a pet animal to molest any person on public or private property when such person has a legitimate reason to be on the property.
4. Allowing a pet animal to molest or kill wildlife, birds, or domestic animals on public or private property.
1. On Private Property. No pet 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 charge thereof.
2. In Food Establishments. No pet animal shall be taken, allowed, or permitted on or in any, restaurant, or tavern where food or food products are sold, prepared, or dispensed to people other than the owners thereof. This provision does not apply to property wherein food is sold in stands or shelters such as fairs or circus carnivals when the owner or person in charge of the grounds allows animals on the premises.
3. Restraint of Animals. No person shall restrain any pet animal to a utility pole, parking meter, building, structure, fence, sign, tree, shrub, bush, or other object on public property or so as to intrude onto a public property. Further, no person shall restrain any pet animal in a manner that is hazardous, poses harm, or deprives the animal of adequate water or shelter. In addition to these restrictions and limitations, no pet animal shall be restrained:
A. By use of a restraint system that allows the animal to be within 20 feet of any dwelling, other than the owner’s or custodian’s dwelling; or
B. By use of a restraint device that is ill-fitting or constructed of any material other than leather or nylon; or
C. By use of a restraint device that exceeds 25% of the body weight of the animal.
D. By use of a restraint device other than a harness, except that a dog may be restrained by use of an appropriate, humane collar system.
E. In a vehicle unattended in temperatures hazardous to or that poses harm to the animals well being, and is considered inhumane or deprives the animal of adequate care.
4. Solid Waste Removal. Any person who walks a pet 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. The provisions of this subsection do not apply to trained service animals while such animals are acting in such capacity.
The following dog control regulations are designed to protect public health and safety. The owner or custodian of a dog is strictly liable to control such dog as required herein. This means that the penalty for violation of these regulations is imposed without regard to any wrongful intention of the violator. It is unlawful for the owner or custodian of a dog to violate any of the following regulations. The owner or custodian of a dog shall:
1. Prevent said dog from running at large in the City, whether licensed or not; provided, this subsection does not:
A. Prohibit a person from walking or exercising a dog in public when such dog is on a leash, tether, or chain not exceeding ten feet in length;
B. Prohibit a person from having a dog off-leash in an area designated as an off-leash area; and
C. Apply to any trained service dog.
2. Prevent said dog from entering any place where food is professionally prepared and served, provided, this section does not apply to any trained service dog, to veterinarian offices or hospitals, to dog exhibitions or organized dog-training classes or to dogs used by armored car services or law enforcement agencies.
3. Prevent said dog from being accessible to other animals while in heat except for the purpose of controlled or planned breeding.
4. Prevent said dog from chasing, running after, or jumping at vehicles on public streets and alleys.
5. Prevent said dog from snapping, growling, snarling, barking in a threatening manner, jumping upon, chasing, or otherwise threatening persons or animals.
6. Not keep a dog that exhibits vicious propensities and constitutes a danger to persons, domestic animals, property, or livestock.
7. Prevent said dog from howling, yelling, whining or barking or making other noises in such a manner as to disturb any person or groups of persons to an unreasonable degree.
8. Not keep, harbor, or maintain a dog known to have a contagious disease, unless it is under the treatment of a licensed veterinarian and appropriately isolated to protect the public and other animals;
9. Prevent said dog from running in a pack. (“Pack” means dogs in a group of three or more.)
10. Have a license for said dog.
11. Have the dog currently inoculated for rabies and be able to provide proof of such inoculation if the dog is four months of age or older.
12. Prevent the dog from running at large when the dog has not been neutered or spayed if the dog is four months of age or older.
13. Prevent the dog from running at large or being off said owner’s or custodian’s property, unless it is on a leash and under physical restraint of a responsible person, if the dog has been declared potentially dangerous.
14. Prevent the dog from running at large or being outside a proper enclosure, unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person, if the dog has been declared dangerous. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal.
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